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BARKLEY v. UNITED STATES

No. 17206.

323 F.2d 804 (1963)

Alvin F. BARKLEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 13, 1963.

Petition for Rehearing Denied October 31, 1963.

Petition for Rehearing Denied October 31, 1963.

Attorney(s) appearing for the Case

Mr. William F. Reed, Washington, D. C., with whom Mr. Robert B. Hirsch, Washington, D. C. (both appointed by this court) was on the brief, for appellant.

Mr. Gerald A. Messerman, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Tim Murphy, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, and BURGER and McGOWAN, Circuit Judges.

Petition for Rehearing En Banc Denied October 31, 1963.

Petition for Rehearing by the Division Denied October 31, 1963.

McGOWAN, Circuit Judge.

Appellant was indicted for first degree murder in consequence of the slaying of his wife, was convicted by a jury of the lesser included offense of second degree murder, and was sentenced to ten to thirty years imprisonment.

The trial involved no issue with respect to whether appellant committed the...

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