CARTER v. UNITED STATES

No. 15617.

281 F.2d 58 (1960)

James H. CARTER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 30, 1960.


Attorney(s) appearing for the Case

Mr. Wilfred Milofsky, Washington, D. C. (appointed by the District Court), for appellant.

Mr. Maurice R. Dunie, 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 PRETTYMAN, Chief Judge, and BASTIAN and BURGER, Circuit Judges.


PER CURIAM.

Leave to appeal at Government expense and with court appointed counsel was granted by the District Court to review appellant's conviction for manslaughter. He was indicted for second degree murder arising out of the death of a Mrs. Martin, a woman with whom he had been living; he was sentenced to serve 3 to 9 years.

Evidence showed that after the victim had been severely beaten she then went to a neighbor's apartment to sleep. Appellant returned...

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