Everett D. Green v. United States

WILBUR K. MILLER, Circuit Judge.

In the first count of an indictment, Everett Green was charged with arson.1 *857In the second, the grand jury alleged that the death of an elderly woman, Bettie Brown, resulted from the fire set by Green, and so accused him under § 22-2401, D.C.Code (1951),2 which defines the unpurposed killing of another in perpetrating arson as murder in the first degree.

In submitting the case to the jury under the second count, the trial judge instructed on both first and second degree murder. Found guilty of arson under the first count and of murder in the second degree under…