CUNNINGHAM v. UNITED STATES

No. 18634.

340 F.2d 787 (1964)

Willie CUNNINGHAM, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 3, 1964.


Attorney(s) appearing for the Case

Mr. T. Emmett McKenzie, Washington, D. C. (appointed by the District Court), for appellant.

Mr. Frank Q. Nebeker, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Joel D. Blackwell, Asst. U. S. Atty., were on the brief, for appellee.

Before DANAHER, WRIGHT and McGOWAN, Circuit Judges.


DANAHER, Circuit Judge.

Appellant was convicted of manslaughter. During an altercation on November 22, 1963, appellant by a heavy blow had felled his common law wife and then had brutally kicked and stamped upon the prostrate woman. The next evening after the appellant had called the police, officers found the woman "cold and stiff." Appellant then explained to the officers how he had beaten the victim. Despite his incriminatory admissions which clearly established...

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