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GOODMAN v. UNITED STATES

No. 6089.

70 F.2d 741 (1934)

GOODMAN et al. v. UNITED STATES.

Court of Appeals of the District of Columbia.

Decided March 26, 1934.

Attorney(s) appearing for the Case

E. Russell Kelly, of Washington, D. C., for appellant Joe Goodman.

Harry T. Whelan, of Washington, D. C., for appellant George McKinley Pitmond.

Leslie C. Garnett, U. S. Atty., and Irvin Goldstein and John J. Sirica, Asst. U. S. Attys., all of Washington, D. C., for the United States.

Before MARTIN, Chief Justice, and ROBB, VAN ORSDEL, HITZ, and GRONER, Associate Justices.

ROBB, Associate Justice.

Appellants were convicted of murder in the first degree under an indictment, the first three counts of which charged deliberate and premeditated malice; the second three charged that appellants purposely killed the deceased while perpetrating an offense punishable by imprisonment in the penitentiary (section 798, D. C. Code, 1901, section 21, tit. 6, D. C. Code 1929).

The material facts as disclosed by the evidence are substantially...

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