Willie Lee Stewart v. United States

This case comes to us for the third time after three trials in the District Court before three different judges and three different juries, and after two earlier appeals to this court. This is the second review en banc by this court.1

In April 1953, Stewart was indicted for first degree murder and robbery of his alleged victim. The evidence of the robbery and killing in the record now before us is the same in all significant respects as in two prior trials and shows beyond any doubt, as this court has always acknowledged, that Stewart committed the acts charged.2

Harry Honikman, age 65,…