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UNITED STATES v. WHARTON

No. 22433.

433 F.2d 451 (1970)

UNITED STATES of America v. Aubrey WHARTON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 5, 1970.

Attorney(s) appearing for the Case

Mr. A. Alvis Layne, Washington, D. C. (appointed by this court) for appellant.

Mr. Philip L. Kellogg, Asst. U. S. Atty., for appellee. Messrs. David G. Bress, U. S. Atty. at the time the brief was filed, Frank Q. Nebeker, Asst. U. S. Atty. at the time the brief was filed, and Clarence A. Jacobson, Asst. U. S. Atty., were on the brief for appellee.

Before BURGER, LEVENTHAL and ROBINSON, Circuit Judges.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

Appellant was indicted and tried on counts of first degree murder1 and carrying a dangerous weapon without a license.2 On the first count, after receiving instructions affording a choice of verdicts ranging downward from first degree murder to acquittal by reason of self-defense, the jury found appellant guilty of murder in the second degree. On the second count,...

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