What is the test for the theory of murder in the perpetration of a robbery?
MultiRegion, United States of America
The following excerpt is from Schaefer v. Leone, 443 F.2d 182 (2nd Cir. 1971):
10 Gemmel v. Buchkoe, 358 F.2d 338, 341 (6th Cir.), cert. denied, 385 U.S. 962, 87 S.Ct. 402, 17 L.Ed.2d 306 (1966) (allegedly erroneous instruction with regard to the theory of murder in the perpetration of a robbery).
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