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BARBEAU v. UNITED STATES

No. 12715.

193 F.2d 945 (1951)

BARBEAU v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

As Amended on Denial of Rehearing January 24, 1952.

Attorney(s) appearing for the Case

George B. Grigsby, Anchorage, Alaska, for appellant.

J. Earl Cooper, U. S. Atty., Ralph E. Moody, Asst. U. S. Atty., Anchorage, Alaska, for appellee.

Before DENMAN, Chief Judge, and STEPHENS and ORR, Circuit Judges.

DENMAN, Chief Judge.

This is an appeal from a judgment of conviction in the Alaska District Court for manslaughter by culpable negligence.

The appellant Barbeau was indicted for first degree murder under 3 A.C.L.A.1949, § 65-4-1, which reads: "First degree murder. That whoever, being of sound memory and discretion, purposely, and either of deliberate and premeditated malice or by means of poison, or in perpetrating or in attempting to perpetrate, any...

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