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MENDOZA-ACOSTA v. UNITED STATES

No. 21754.

408 F.2d 1294 (1969)

Patricio MENDOZA-ACOSTA a/k/a Guadalupe H. Aguilar, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 11, 1969.

Attorney(s) appearing for the Case

Mr. Marshall E. Miller, Washington, D. C., with whom Mr. H. Hugo Perez (both appointed by this court) was on the brief, for appellant.

Mr. James E. Kelley, Jr., Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and William H. Collins, Jr., Asst. U. S. Attys., were on the brief, for appellee.

Before PRETTYMAN, Senior Circuit Judge, and DANAHER and WRIGHT, Circuit Judges.

PER CURIAM:

Indicted on a charge of first degree murder, this appellant attacks his conviction of the lesser included offense of second degree murder. Since we deem a remand to be required, we mention only a few of the highlights developed at trial.

Some time in the afternoon of October 9, 1966, one Leticia Salazar was murdered in her apartment at 1465 Columbia Road, N. W., and her blood stained corpse was found about 6 P.M. A deputy coroner described the...

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