LOVELESS v. UNITED STATES

No. 14529.

260 F.2d 487 (1958)

Willie L. LOVELESS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 9, 1958.


Attorney(s) appearing for the Case

Mr. Curtis P. Mitchell, Washington, D. C., with whom Messrs. John A. Shorter, Jr., Roy M. Ellis, and Gordon J. Myatt, Washington, D. C., were on the brief, for appellant.

Mr. Nathan J. Paulson, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee.

Before BAZELON, FAHY and BURGER, Circuit Judges.


PER CURIAM.

Appellant was tried for second degree murder and convicted of manslaughter. At the close of testimony, appellant requested a charge on manslaughter but the court ruled that he would not give such a charge but would charge on second degree murder, which he did. After the arguments had all been concluded, however, the court advised counsel he had changed his mind and considered the manslaughter charge essential. At that point1

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