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DE GROOT v. UNITED STATES

No. 7511.

78 F.2d 244 (1935)

DE GROOT v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

June 17, 1935.

Attorney(s) appearing for the Case

George Grigsby and H. L. Faulkner, both of Juneau, Alaska, for appellant.

Wm. A. Holzheimer, U. S. Atty., and Geo. W. Folta, Asst. U. S. Atty., both of Juneau, Alaska.

Before WILBUR, GARRECHT, and DENMAN, Circuit Judges.

DENMAN, Circuit Judge.

This case comes up on an appeal from a judgment following a conviction of Harry De Groot, barber and electrical worker, of the second-degree murder of Abe Hansen, moonshine purveyor, in Chichagoff, Alaska.

The errors assigned have to do with instructions concerning the obligation to retreat, and the belief in immediate danger of death or great bodily harm as elements in the law of killing in self-defense, and the burden of proof required...

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