Edward L. Smith v. United States of America, Wayman R. Cunningham v. United States

J. SKELLY WRIGHT, Circuit Judge:

These appeals are from convictions of first degree murder (felony-murder), robbery, assault with a dangerous weapon, and carrying a dangerous weapon— all arising out of the same incident.

Near one o’clock on the morning of January 24, 1964, appellants Smith and Cunningham, armed with pistols, entered Natoli’s Delicatessen in the District of Columbia. While holding the proprietor and several customers at gunpoint, they *840began to remove the cash from the cash register. Before they finished, however, two police officers arrived and attempted to thwart the robbery. A…