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UNITED STATES v. MARCEY

No. 22819.

440 F.2d 281 (1971)

UNITED STATES of America v. Paul W. MARCEY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 24, 1971.

Attorney(s) appearing for the Case

Mr. Albert J. Ahern, Jr., Washington, D. C., for appellant.

Mr. Robert C. Crimmins, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry, Asst. U. S. Atty., and Nicholas S. Nunzio, Asst. U. S. Atty., at the time the brief was filed, were on the brief, for appellee.

Before McGOWAN, TAMM and ROBINSON, Circuit Judges.

PER CURIAM:

Appellant was indicted for first degree murder in connection with the slaying of his wife. The Government's theory was that in a five-minute episode he stabbed her 18 times with a knife. Appellant did not deny the stabbing, but defended on grounds that he lacked mens rea and that he was insane at the time.1 Following a nine-day trial to a jury, appellant was convicted of manslaughter, and he now appeals. After carefully considering...

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