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HOWARD v. UNITED STATES

No. 20328.

389 F.2d 287 (1967)

Thomas HOWARD, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 6, 1967.

Petition for Rehearing Denied January 10, 1968.

Attorney(s) appearing for the Case

Mr. James J. Bierbower, Washington, D. C., (appointed by this court) for appellant. Messrs. Manuel C. Avancena and James K. Hughes, Washington, D. C., also filed a brief for appellant.

Mr. Edward T. Miller, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and John A. Terry, Asst. U. S. Attys., were on the brief, for appellee.

Before BURGER and ROBINSON, Circuit Judges, and DAVIS, Judge, United States Court of Claims.

DAVIS, Judge.

Appellant Thomas Howard, Jr., was indicted and tried for first degree murder. Having denied appellant's motion, made after the Government's opening argument and again at the conclusion of the prosecution's case, for acquittal of the offense in the first degree, the District Court charged the jury on first degree murder, second degree murder, and manslaughter. The jury returned a verdict of murder in the second degree, and Howard was sentenced to imprisonment...

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