Robinson v. United States
| Citation | 63 F.2d 147,61 App. DC 370 |
| Decision Date | 16 January 1933 |
| Docket Number | No. 5718.,5718. |
| Parties | ROBINSON et al. v. UNITED STATES. |
| Court | United States Courts of Appeals. United States Court of Appeals (District of Columbia) |
Cedric F. Johnson, Edna L. Parker, E. Russell Kelly, and Charles S. Williams, all of Washington, D. C., for appellants.
Leo A. Rover, U. S. Atty., and John J. Sirica, Asst. U. S. Atty., both of Washington, D. C.
Before MARTIN, Chief Justice, and ROBB, VAN ORSDEL, HITZ, and GRONER, Associate Justices.
Appellants were convicted in the Supreme Court of the District of murder in the first degree under a count in an indictment charging them with the killing while attempting to perpetrate the crime of robbery. Section 21, ch. 2, Title 6, D. C. Code, 1929, § 798, D. C. Code, 1924.
The material facts are substantially as follows: On July 29, 1931, between 7:30 p. m. and 9:30 p. m., appellants, who were well acquainted, met at the corner of Second and F Streets Southwest, in this city, and agreed to go "clipping," "meaning stick-ups." They got into a cab and drove to the home of Layton, who went in and brought out a .45 automatic pistol, which he gave to Robinson. They then looked over several stores, but for various reasons did not enter them. Finally they went into a store on the corner of South Capitol and O Streets Southeast, and attempted to hold up the proprietor, who made such an outcry that they took flight. They separated, but got together again at a lunch room; then went to a pool room, where they played pool for a short time. They left the pool room shortly after 11 p. m., walked to Ninth and New York Avenue Northwest, where they hailed a taxi driver by the name of Mannie Solomon. He was directed to go to the southwest section of the city. Robinson and Washington each was armed with a pistol. When the cab reached Union Street, near O Street Southwest, the driver was told to stop. Robinson got out on the left side of the cab and Layton and Washington got out on the right side. As Solomon was attempting to put the money Robinson had given him in his pocket, Robinson and Washington "put our (their) guns on him, and told him to stick 'em up." Solomon did not put up his hands, but started to drive off. Robinson then fired a shot at him, striking him in the neck and killing him almost instantly. Each of the appellants attempted flight, but within a short time was arrested. Each made and signed a detailed confession covering the movements of the three which culminated in the murder.
It is conceded that these confessions were freely and voluntarily made, but it is here insisted, as it was below, that the court erred in admitting that portion of the confessions which covered the activities of appellants prior to the time they entered Solomon's cab. While it is the general rule that a confession to be admissible must relate to the offense charged, it is equally true that it may include other offenses when there can be no separation of the relevant and irrelevant parts (Richardson v. State, 101 Tex. Cr. R. 467, 276 S. W. 270; People v. Spencer, 264 Ill. 124, 139, 106 N. E. 219), or when "the two crimes are so connected as...
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