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THOMAS v. UNITED STATES

No. 9165.

158 F.2d 97 (1946)

THOMAS v. UNITED STATES.

United States Court of Appeals District of Columbia.

Decided November 25, 1946.

Attorney(s) appearing for the Case

Mr. Woodrow E. Faulkner, of Washington, D. C., for appellant.

Mr. Sidney S. Sachs, Assistant United States Attorney, of Washington, D. C., with whom Mr. Edward M. Curran, United States Attorney at the time the brief was filed, and Mr. John C. Conliff, Jr., Assistant United States Attorney, both of Washington, D. C., were on the brief, submitted on brief for appellee.

Before EDGERTON, WILBUR K. MILLER, and PRETTYMAN, Associate Justices.

PRETTYMAN, Associate Justice.

Appellant was indicted for murder in the first degree, tried by jury, and convicted of murder in the second degree. Upon appeal he alleges error on the following grounds: that neglect on the part of the court below to direct a verdict on the first-degree murder charge erroneously influenced the jury in reaching its verdict; that testimony at the trial eliminated express or implied malice and that, therefore, a verdict of murder in either...

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