it a felony murder. Was it knowing or purposeful murder. Have they proven to you knowing or purposeful murder, beyond a reasonable doubt. And I suggest to you they have not. What they have really proven is sexual assault and kidnapping and during the course of it you had a reckless lolling of a child. Keckless in the sense that they have not proven to you that he knew it. That he intended to do it. Defense counsel spent much of his summation describing the conflict between the medical examiner’s theory that defendant would have had to apply pressure for at least four minutes to cause death and the defense theory that thirty seconds would have been sufficient. The prosecutor also noted the issue, stating that “[t]here is more to this case than simply sitting here and s (5th Cir.1964) (<HOLDING>). Thus, although defendant was entitled to
holding that despite defense counsels strategic concession of guilt during summation instruction that jury could start with this premise that the defendant is guilty unless there has been proof of his insanity constituted reversible error holding that the judges entry into the jury room constituted reversible error holding that courts mention of a guilty plea and acceptance of responsibility to defense counsel was not reversible error holding that trial courts failure to provide additional instructions as to plaintiffs burden of proof in negligence case was not reversible error there having been no proper and accurate request for such instruction holding that a final jury instruction containing the cause number 241 instead of 214 was not reversible error because it would not have been reasonable for the jury to conclude that defendant had been charged with an additional conviction