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McDONALD v. UNITED STATES

No. 16304.

312 F.2d 847 (1962)

Ernest McDONALD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 8, 1962.

Attorney(s) appearing for the Case

Mr. Harry L. Ryan, Jr., Washington, D. C. (appointed by this court), for appellant.

Mr. Nathan J. Paulson, Asst. U. S. Atty. at the time of argument, for appellee. Messrs. David C. Acheson, U. S. Atty., Charles T. Duncan, Principal Asst. U. S. Atty., and Arthur J. McLaughlin and Judah Best, Asst. U. S. Attys., were on the brief for appellee. Mr. Daniel J. McTague, Asst. U. S. Atty., also entered an appearance for appellee.

Mr. Abe Krash and Miss Selma Levine, Washington, D. C., filed a brief on behalf of the American Orthopsychiatric Ass'n, as amicus curiae.

Mr. Warren E. Magee, Washington, D. C., filed a brief on behalf of the American Psychiatric Ass'n, as amicus curiae.

Before WILBUR K. MILLER, Chief Judge, and EDGERTON, BAZELON, FAHY, WASHINGTON, DANAHER, BASTIAN, BURGER and WRIGHT, Circuit Judges, sitting

Reargued En Banc May 8, 1962.

PER CURIAM.

Appellant was convicted of manslaughter and sentenced to from five to fifteen years' imprisonment. He had been charged with second degree murder for aiding and abetting his employer, Davis, in the shooting of one Jenkins during an altercation. The District Court allowed this appeal in forma pauperis and we appointed new counsel. After the case was heard by a division of this court, a rehearing en banc

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