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BATTLE v. UNITED STATES

No. 11524.

206 F.2d 440 (1953)

BATTLE v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided April 23, 1953.

Attorney(s) appearing for the Case

Mr. Stanley M. Dietz, Washington, D. C., for appellant.

Mr. William R. Glendon, Asst. U. S. Atty., Washington, D. C., with whom Messrs. Charles M. Irelan, U. S. Atty., Washington, D. C., at the time of argument, and John D. Lane, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee. Messrs. Joseph M. Howard and William E. Kirk, Jr., Asst. U. S. Attys., Washington, D. C., at the time record was filed, also entered appearances for appellee.

Before PRETTYMAN, BAZELON and FAHY, Circuit Judges.

PER CURIAM.

Appellant was indicted for first degree murder and convicted of second degree murder. The nub of his complaint on this appeal is that the evidence does not support the verdict and hence the trial court should have granted his motions for either (1) judgment of acquittal notwithstanding the verdict, or (2) a new trial.

Although counsel for appellant urged his contentions with vigor, a careful examination of the record does not persuade us that the...

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