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STITH v. UNITED STATES

No. 20007.

374 F.2d 309 (1967)

Benjamin F. STITH, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 24, 1967.

Petition for Rehearing Denied March 2, 1967.

Attorney(s) appearing for the Case

Mr. Lee R. Marks, Washington, D. C. (appointed by this court) for appellant.

Mr. James A. Strazzella, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

Before FAHY, McGOWAN and TAMM, Circuit Judges.

Petition for Rehearing En Banc Denied March 2, 1967.

PER CURIAM.

Appellant, indicted for murder in the first degree, was convicted of second degree murder under a submission by the trial court of that issue to the jury over a protest by the defense that it wanted no instruction other than first degree.1 A confession made by appellant immediately after his arrest was admitted into evidence after a hearing outside the presence of...

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