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PERRY v. UNITED STATES

No. 21936.

422 F.2d 697 (1969)

Leroy PERRY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided September 15, 1969.

Attorney(s) appearing for the Case

Mr. John A. Shorter, Jr., Washington, D.C., for appellant.

Mr. Sandor Frankel, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., at the time the brief was filed, and Frank Q. Nebeker, Asst. U. S. Atty., at the time the brief was filed, were on the brief, for appellee.

Before BAZELON, Chief Judge, and TAMM and LEVENTHAL, Circuit Judges.

BAZELON, Chief Judge:

Appellant's plea of self-defense to a second degree murder charge was rejected by a jury, which convicted him of the lesser included offense of assault with a deadly weapon.1 We find merit in his contention that the trial court improperly instructed the jury on the use of excessive force as required by Inge v. United States, 123 U.S.App.D.C. 6, 356 F.2d 345 (1966). In Inge...

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