No. 8834.

367 F.2d 216 (1966)

Hiller Arthur HAYES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

October 19, 1966.

Attorney(s) appearing for the Case

Robert W. Feiring, Kansas City, Kan., for appellant.

Benjamin E. Franklin, Asst. U. S. Atty., Kansas City, Kan. (Newell A. George, U. S. Atty., Kansas City, Kan., with him on the brief), for appellee.

Before PICKETT and HILL, Circuit Judges, and PAYNE, District Judge.

PAYNE, District Judge.

This is an appeal by Hiller Arthur Hayes from a conviction of second degree murder by a jury verdict and a sentence of life imprisonment, consecutive to the present imprisonment of the appellant. The conviction and sentence took place in the United States District Court for the District of Kansas.

The appellant contends that the lower court erred in five points which are set forth by the appellant in his brief as follows:



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