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NIXON v. UNITED STATES

No. 21864.

352 F.2d 601 (1965)

Joe Carl NIXON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

October 18, 1965.

Attorney(s) appearing for the Case

Moises Vicente Vela, Harlingen, Tex., for appellant.

James R. Gough, Morton L. Susman, Asst. U. S. Attys., Woodrow Seals, U. S. Atty., Homero M. Lopez, Asst. U. S. Atty., Houston, Tex., for appellee.

Before RIVES, WISDOM and GEWIN, Circuit Judges.

PER CURIAM.

Joe Carl Nixon, a deck hand on the shrimpboat MISS LISA, shot and killed the captain of the trawler after a fist fight preceded by a drinking bout. David Harold McGraw, the other deck hand, jumped overboard. Nixon shot and wounded McGraw as he swam to safety. Nixon was found guilty on two counts, second degree murder1 and assault with intent to murder.2

First, we conclude that the record...

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