Are you talking about Johnny Clay? All things as is, depending on State laws, that murder charge might be accurate.
My point, however, was a defense theory where he could not be found guilty of the racetrack robbery at all.
He wore a mask. No one saw his face, and as far as we know, no evidence puts him there. His lawyer just needs to argue Clay found the money at the apartment. He was going to see a friend. When he got there, he saw a bunch of dead bodies and a lot of money. During a lapse of judgment he took the money and ran.
Of course we know this isn't true, but a jury with no knowledge of any of this would definitely have cause to see reasonable doubt. Even if they don't believe it, there's the lack of evidence. I know many might still vote to convict, but I doubt all 12 jurors would, based on this story.
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