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AUSTIN v. UNITED STATES

No. 19903.

382 F.2d 129 (1967)

Bernard AUSTIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 16, 1967.

Attorney(s) appearing for the Case

Messrs. Paul A. Lenzini and Thomas J. Schwab, Washington, D. C., (both appointed by this court) for appellant.

Mr. Charles A. Mays, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Donald S. Smith, Asst. U. S. Attys., were on the brief, for appellee.

Before DANAHER, Circuit Judge, BASTIAN, Senior Circuit Judge, and LEVENTHAL, Circuit Judge.

LEVENTHAL, Circuit Judge:

Appellant Bernard Austin was indicted for murdering Nettie Scott with premeditation, deliberation, and malice aforethought. There was no felony-murder count. Appellant was convicted of first-degree murder. The prosecutor did not request the death penalty. The jury recommended life imprisonment and appellant was sentenced accordingly. D.C.CODE §§ 22-2401 (1961), 22-2404 (Supp. V, 1966). On this appeal he challenges various portions...

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