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JONES v. UNITED STATES

No. 20679.

385 F.2d 296 (1967)

Aaron JONES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided September 29, 1967.

Attorney(s) appearing for the Case

Mr. Joseph Patrick Clancy, Washington, D. C. (appointed by this court), for appellant.

Mr. William R. Weissman, Sp. Atty., Office of the United States Atty., New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker and Seymour Glanzer, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, BASTIAN, Senior Circuit Judge, and ROBINSON, Circuit Judge.

PER CURIAM:

Appellant was charged with the second degree murder of John Hyland Rinker and convicted by a jury of manslaughter. At the trial, he admitted that he shot and killed Rinker with a pistol but claimed that he acted in self-defense.

The uncontradicted evidence revealed that following an altercation in an elevator involving appellant, Rinker, and one Robert Houston,1 appellant went to his apartment on the third floor of...

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