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GILES v. UNITED STATES

No. 10668.

144 F.2d 860 (1944)

GILES v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

September 25, 1944.

Attorney(s) appearing for the Case

Harry G. McCain, of Ketchikan, Alaska, for appellant.

Lynn J. Gemmill, U. S. Atty., Division No. 1, Robert L. Jernberg and Robert L. Tollefsen, Asst. U. S. Attys., all of Juneau, Alaska, and J. Charles Dennis, U. S. Atty., of Seattle, Wash., for appellee.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal from a judgment sentencing appellant to serve a five year term in the penitentiary for the crime of negligent homicide in violation of Section 4764, C.L.A., 1933, providing as follows:

"Sec. 4764. Negligent homicide. Every killing of a human being by the culpable negligence of another, when such killing is not murder in the first or second degree, or is not justifiable or excusable, shall be deemed manslaughter...

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