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BURTON v. UNITED STATES

No. 8787.

151 F.2d 17 (1945)

BURTON v. UNITED STATES.

United States Court of Appeals District of Columbia.

Decided July 9, 1945.

Writ of Certiorari Denied January 14, 1946.

Attorney(s) appearing for the Case

Mr. James J. Laughlin, of Washington, D. C., for appellant.

Mr. Bernard Margolius, Assistant United States Attorney, of Washington, D. C., with whom Mr. Edward M. Curran, United States Attorney, of Washington, D. C., was on the brief, for appellee.

Before GRONER, Chief Justice, and EDGERTON and ARNOLD, Associate Justices.

Writ of Certiorari Denied January 14, 1946. See 66 S.Ct. 473.

PER CURIAM.

Appellant was convicted of murder in the second degree. The indictment charged murder in the first degree — a killing with deliberate and premeditated malice. Four points are argued for reversal of the judgment.

The first ground of appeal is an instruction given that the jury might return a verdict of murder in the first degree if they believed that the killing was committed...

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