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McAFFEE v. CLEMMER

No. 9698.

171 F.2d 131 (1948)

McAFFEE v. CLEMMER, Director, Department of Corrections.

United States Court of Appeals District of Columbia Circuit.

Decided October 18, 1948.

Attorney(s) appearing for the Case

Mr. Edward E. O'Neill, of Washington, D. C., with whom Mr. Aubrey Lawrence, of Washington, D. C., was on the brief, for appellant.

Mr. Oliver O. Dibble, Assistant United States Attorney, of Washington, D. C., with whom Mr. George Morris Fay, United States Attorney, of Washington, D. C., was on the brief, for appellee. Mr. Sidney S. Sachs, Assistant United States Attorney, of Washington, D. C., also entered an appearance for appellee.

Before EDGERTON, WILBUR K. MILLER, and PRETTYMAN, Circuit Judges.

PER CURIAM.

William McAffee was convicted in 1938 in the District Court of the United States for the District of Columbia of murder in the first degree and was sentenced to death. Upon his appeal, this court reversed the judgment solely because the trial court erred in instructing the jury.1

Upon the return of the case to the District Court, McAffee was again convicted of murder in the first degree and again was sentenced to death...

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