ARMSTRONG v. UNITED STATES

No. 5999.

41 F.2d 162 (1930)

ARMSTRONG v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

May 26, 1930.


Attorney(s) appearing for the Case

Joseph H. Murray, of Cordova, Alaska, and Anthony J. Dimond, of Valdez, Alaska, for appellant.

Geo. J. Hatfield, U. S. Atty., of San Francisco, Cal., and W. N. Cuddy, U. S. Atty., of Valdez, Alaska, and Clyde R. Ellis, of Seward, Alaska, for the United States.

Before DIETRICH and WILBUR, Circuit Judges, and NETERER, District Judge.


DIETRICH, Circuit Judge.

On the evening of September 13, 1928, about 8 o'clock, at Kodiak, Alaska, the appellant shot and killed Eric Dahlberg as the latter was leaving the former's home. At the trial, upon an indictment charging him with murder in the first degree, he admitted the killing, but claimed that it was done in self-defense. Upon a conviction of manslaughter he was sentenced to serve a term of fifteen years in the federal penitentiary.

He assigns...

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