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UNITED STATES v. COMER

No. 22383.

421 F.2d 1149 (1970)

UNITED STATES of America v. Charles COMER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 5, 1970.

Attorney(s) appearing for the Case

Mr. Robert W. Coll, Washington, D. C. (appointed by this court), for appellant.

Mr. Kenneth C. Baumgartner, Sp. Asst. to U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and Roger E. Zuckerman, Asst. U. S. Atty., were on the brief, for appellee. Mr. David G. Bress, U. S. Atty. at the time the record was filed, Miss Carol Garfiel, Asst. U. S. Atty. at the time the record was filed, and Mr. John A. Terry, Asst. U. S. Atty., also entered appearances for appellee.

Before WRIGHT, McGOWAN and LEVENTHAL, Circuit Judges.

J. SKELLY WRIGHT, Circuit Judge:

During the early morning hours of Friday, November 10, 1967, Mrs. Sarah Comer bled to death from a stab wound in her left thigh. Appellant, her husband of 19 years, was charged with inflicting the fatal wound. A jury found him guilty of second degree murder (22 D.C.Code § 2403 (1967)), and the District Court sentenced appellant to prison for ten to 30 years.

On this appeal, appellant primarily1

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