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CARTER v. UNITED STATES

No. 21591.

437 F.2d 692 (1970)

Robert J. CARTER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 8, 1970.

Petition for Rehearing Denied January 26, 1971.

Certiorari Denied April 19, 1971.

Attorney(s) appearing for the Case

Milton A. Kallis, Washington, D. C., (appointed by this court) for appellant.

John D. Aldock, Asst. U. S. Atty., with whom David G. Bress, U. S. Atty. at the time the brief was filed, and Harold H. Titus, Jr., Principal Asst. U. S. Atty., were on the brief, for appellee. Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., also entered appearances for appellee.

Before BAZELON, Chief Judge, and ROBINSON and ROBB, Circuit Judges.

Certiorari Denied April 19, 1971. See 91 S.Ct. 1392.

PER CURIAM:

On October 1, 1966, appellant fired a single shot from his pistol, killing one Louis McKenzie. Indicted and tried for second-degree murder,1 his sole defense at trial was that he acted in response to McKenzie's assaulting him with an eleven-inch butcher knife.2 Appellant was convicted by a jury of second-degree murder and sentenced to...

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