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UNITED STATES v. MARSHALL

No. 23436.

471 F.2d 1051 (1972)

UNITED STATES of America v. Arthur L. MARSHALL, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 20, 1972.

Attorney(s) appearing for the Case

Mr. William J. Garber, Washington, D. C. (appointed by this Court), with whom Mr. Irving M. Levine, Washington, D. C., was on the brief, for appellant.

Mr. Broughton M. Earnest, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., at the time the brief was filed, 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 BAZELON, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge, and ROBB, Circuit Judge.

PER CURIAM:

The appellant Marshall was indicted for murder in the first degree in that he shot and killed one Michael Feathers. The case was tried to a jury. At the close of the government's proof the district judge granted the defendant's motion for judgment of acquittal as to first degree murder. The jury found Marshall guilty of murder in the second degree. He appeals, complaining of several alleged errors. We find no merit in any of his contentions.

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