CANTRELL v. UNITED STATES

No. 17676.

323 F.2d 613 (1963)

Joel B. CANTRELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 27, 1963.

Petition for Rehearing Denied October 11, 1963.


Attorney(s) appearing for the Case

Mr. Oliver Gasch, Washington, D. C. (appointed by this court), with whom Mr. Michael Mitchell, Washington, D. C., was on the brief, for appellant.

Mr. William H. Willcox, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Joseph A. Lowther, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, and WILBUR K. MILLER and BASTIAN, Circuit Judges.


Petition for Rehearing En Banc Denied October 11, 1963.

PER CURIAM.

Appellant was indicted under a two-count indictment for second degree murder [Title 22-2403, D.C.Code] and unauthorized use of a motor vehicle [Title 22-2204, D.C.Code]. After severance of the two counts, he was tried on the count involving second degree murder and was found guilty of the lesser included offense of manslaughter. He was duly sentenced, and appeals.

The facts are that...

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