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UNITED STATES v. THURMAN

No. 22363.

417 F.2d 752 (1969)

UNITED STATES of America v. Eugene THURMAN, Appellant.

United States Court of Appeals District of Columbia Circuit.

Decided July 7, 1969.

Attorney(s) appearing for the Case

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

Mr. D. William Subin, 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 FAHY, Senior Circuit Judge, and BURGER and TAMM, Circuit Judges.

PER CURIAM:

This is an appeal from a conviction for second degree murder. Several issues are now raised for the first time, only two of which warrant comment.

Appellant contends that the jury instruction with regard to self-defense constitutes reversible error. In evaluating an asserted error in a portion of a jury instruction we must, of course, examine the charge as a whole to determine whether there was a likelihood...

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