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KING v. UNITED STATES

No. 19641.

372 F.2d 383 (1966)

Francina KING, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 21, 1966.

As Amended February 1, 1967.

Petition for Rehearing Denied February 1, 1967.

Attorney(s) appearing for the Case

Mr. Mac Asbill, Jr., Washington, D. C. (appointed by this Court), with whom Mr. Murray S. Simpson, Jr., Washington, D. C., was on the brief, for appellant.

Mr. Allan M. Palmer, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker and Victor W. Caputy, Asst. U. S. Attys., were on the brief, for appellee.

Before WILBUR K. MILLER, Senior Circuit Judge, and FAHY and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge:

Appellant was charged with second degree murder, but convicted of manslaughter for the fatal stabbing of her brother, Benjamin King, on November 22, 1964. She was sentenced to imprisonment for two to ten years.

The salient physical facts with respect to the crime are briefly as follows: On the afternoon of November 22, 1964, appellant went out to get some wine and beer. She returned to the residence she shared with her mother, drank...

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