FULLER v. UNITED STATES

No. 11612.

170 F.2d 515 (1948)

FULLER v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

November 5, 1948.


Attorney(s) appearing for the Case

Harold J. Butcher and George B. Grigsby, both of Anchorage, Alaska, for appellant.

Raymond E. Plummer, U. S. Atty., and J. Earl Cooper, Asst. U. S. Atty., both of Anchorage, Alaska, for appellee.

Before MATHEWS, HEALY, and ORR, Circuit judges.


MATHEWS, Circuit Judge.

Appellant, Almond G. Fuller, killed his mistress, Jean Mackey, at Anchorage, Alaska, on July 19, 1946. He was indicted for murder in the second degree,1 was arraigned, pleaded not guilty and was tried. At the trial, 14 witnesses testified, and 17 exhibits were admitted in evidence. Appellant moved the court to instruct the jury to find him not guilty of murder in the second degree. The motion was denied. Appellant...

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