ASKINS v. UNITED STATES

No. 12599.

231 F.2d 741 (1956)

Robert E. ASKINS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 14, 1956.


Attorney(s) appearing for the Case

Messrs. Leonard S. Hayes and John A. Shorter, Jr., Washington, D. C., with whom Mr. George E. C. Hayes, Washington, D. C., was on the brief, for appellant.

Mr. Fred L. McIntyre, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., Lewis Carroll and Thomas A. Flannery, Asst. U. S. Attys., were on the brief, for appellee. Mr. Harold H. Greene, Asst. U. S. Atty., also entered an appearance for appellee.

Before PRETTYMAN, FAHY and DANAHER, Circuit Judges.


DANAHER, Circuit Judge.

Appellant was indicted1 on a charge of first degree murder.2 At the trial he relied upon insanity as a defense. After the jury had been fully instructed on all elements of the case, a bench colloquy occurred. The Government then requested that the jury be instructed as to the elements of murder in the second degree. With much misgiving, as the transcript discloses, the trial judge decided...

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