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UNITED STATES v. LUMPKINS

No. 23503.

439 F.2d 494 (1971)

UNITED STATES of America v. Louis S. LUMPKINS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 23, 1970.

Petition for Rehearing Denied February 22, 1971.

Attorney(s) appearing for the Case

Mr. Milton A. Kallis, Washington, D. C., with whom Mr. John H. Treanor, Jr., Washington, D. C., was on the brief, for appellant.

Mr. Gregory C. Brady, Asst. U. S. Atty., with whom Messrs. Thomas F. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., and Daniel Harris, Asst. U. S. Atty., at the time the brief was filed, were on the brief, for appellee.

Before LEVENTHAL and ROBB, Circuit Judges, and MATTHEWS, Senior District Judge, U.S. District Court for the District of Columbia.

PER CURIAM:

On a charge of second degree murder for killing his wife with a bottle, defendant was convicted of manslaughter and sentenced to four to twelve years. On appeal the primary contention urged is that there was no evidence, beyond speculation, sufficient to take to the jury the issue of defendant's criminal culpability for homicide. His appellate counsel makes some telling points, but in the last analysis we are convinced that they are for the jury, and that...

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