John A. NAPLES, Appellant,
v.
UNITED STATES of America, Appellee.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 28, 1961.
Decided by Judgment Entered April 13, 1962.
Opinion Rendered May 8, 1962.
Attorney(s) appearing for the Case
Messrs. Albert J. Ahern, Jr., and Charles W. Halleck, Washington, D. C. (both appointed by the District Court after allowance of appeal in forma pauperis), for appellant.
Mr. Arnold T. Aikens, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Nathan J. Paulson and Frederick G. Smithson, Asst. U. S. Attys., were on the brief, for appellee. Mr. Charles T. Duncan, Principal Asst. U. S. Atty., also entered an appearance for appellee.
Before WILBUR K. MILLER, Chief Judge, and EDGERTON, PRETTYMAN, BAZELON, FAHY, WASHINGTON, DANAHER, BASTIAN and BURGER, Circuit Judges, sitting en banc.
United States Court of Appeals District of Columbia Circuit.
DANAHER, Circuit Judge.
A jury trial having been waived, Judge Holtzoff found the appellant guilty of murder in the first degree1 in that he killed another in perpetrating a housebreaking while armed with or using a dangerous weapon. The trial judge reduced an additional first degree charge, premediated murder, and found appellant guilty of murder in the second degree.2 Appellant also was found guilty of housebreaking...
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