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SIMON v. UNITED STATES

No. 22229.

424 F.2d 796 (1970)

T. Willie SIMON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 2, 1970.

Attorney(s) appearing for the Case

Mr. Thomas Penfield Jackson, Washington, D. C. (appointed by this court) for appellant.

Mr. Philip L. Kellogg, Asst. U. S. Atty., with whom Mr. David G. Bress, U. S. Atty., at the time the brief was filed, was on the brief, for appellee. Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry, and Clarence A. Jacobson, Asst. U. S. Attys., also entered appearances for appellee.

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and ROBINSON, Circuit Judge.

FAHY, Senior Circuit Judge:

Appellant was indicted for second-degree murder and was convicted of that offense. The principal question on appeal is whether the court — though not requested to do so — should have instructed the jury on involuntary manslaughter. We conclude that such an instruction was not required since the evidence did not warrant it.

The case against appellant consisted primarily of...

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