CAREY v. UNITED STATES

No. 16170.

296 F.2d 422 (1961)

Herbert S. CAREY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 12, 1961.

Petition for Rehearing Denied November 14, 1961.


Attorney(s) appearing for the Case

Mr. Jack Marshall Stark, Washington, D. C. (appointed by this court), for appellant.

Mr. Robert Brewer Norris, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Charles T. Duncan, Principal Asst. U. S. Atty., and Joseph A. Lowther, Asst. U. S. Atty., were on the brief, for appellee. Mr. Oliver Gasch, U. S. Atty., at the time the record was filed, and Mr. Carl W. Belcher, Asst. U. S. Atty., at the time the record was filed, also entered appearances for appellee.

Before WILBUR K. MILLER, Chief Judge, and DANAHER and BASTIAN, Circuit Judges.


Petition for Rehearing En Banc Denied En Banc November 14, 1961.

BASTIAN, Circuit Judge.

Appellant was tried for first degree murder and robbery.1 He was convicted of manslaughter and robbery, from which conviction he appeals.

The basic factual pattern is not disputed. On the evening of May 19, 1960, appellant and Mrs. Beulah Butler, his landlady, whom he had known and been friendly with for several years, became involved...

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