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GAINES v. UNITED STATES

No. 18589.

349 F.2d 190 (1965)

Willie L. GAINES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 16, 1965.

Petition for Rehearing Denied September 8, 1965.

Attorney(s) appearing for the Case

Mr. Denis K. Lane, Washington, D. C., for appellant.

Mr. Frank Q. Nebeker, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Barry Sidman, Asst. U. S. Atty., and Henry H. Jones, Asst. U. S. Atty., at the time the brief was filed, were on the brief, for appellee.

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

PER CURIAM.

Appellant was indicted and tried for first degree murder and also for carrying a dangerous weapon. He was found guilty of manslaughter and of carrying a dangerous weapon. His sentence is five to fifteen years for manslaughter and one concurrent year for carrying a dangerous weapon.

After a quarrel in the yard of the premises where the homicide occurred, deceased, who had drawn a knife on defendant in the yard, entered the house. He was followed...

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