UNITED STATES v. McCLAIN

No. 22652.

440 F.2d 241 (1971)

UNITED STATES of America v. Earnest McCLAIN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 27, 1971.

As Amended February 25, 1971, and April 9, 1971.


Attorney(s) appearing for the Case

Messrs. Albert F. Beasley and Alexander W. Sierck, Washington, D.C. (both appointed by this Court), for appellant.

Mr. Edwin K. Hall, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee. Mr. David G. Bress, U. S. Atty. at the time the record was filed, also entered an appearance for appellee.

Before BAZELON, Chief Judge, and WRIGHT and MacKINNON, Circuit Judges.


BAZELON, Chief Judge:

Appellant was charged with second degree murder, 22 D.C.Code § 2403, for pushing his wife from the porch of a house near their home, causing injuries which resulted in death. After trial, the jury returned a verdict of manslaughter, 22 D.C.Code § 2405. Judgment of conviction was entered on October 11, 1968, and appellant was sentenced to serve two to ten years imprisonment.

On appeal, appellant raises several issues, and we...

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