UNITED STATES v. SMITH

Nos. 72-1593, 72-1600.

478 F.2d 976 (1973)

UNITED STATES of America v. Claude L. SMITH, Appellant. UNITED STATES of America v. James P. JARVIS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 27, 1973.


Attorney(s) appearing for the Case

Franklin M. Schultz, Washington, D.C. (appointed by this Court), for appellant Smith. J. Sumner Jones, Washington, D. C. (appointed by this Court), entered an appearance for appellant Smith.

William E. McDaniels, and Aubrey M. Daniel, III, Washington, D. C., were on the brief for appellant Jarvis.

Lawrence T. Bennett, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., and John A. Terry, and Herbert B. Hoffman, Asst. U. S. Attys., were on the brief, for appellee.

Before FAHY, Senior Circuit Judge, and LEVENTHAL and ROBB, Circuit Judges.


No. 72-1593 Argued March 14, 1973.

ROBB, Circuit Judge:

On the night of July 3, 1971 the appellant Smith shot and killed Elroy W. Williams with a pistol Smith borrowed from the appellant Jarvis1 a few minutes before the shooting. The appellants were indicted and convicted of second degree murder and carrying a dangerous weapon, and they appeal.

The killing occurred on the sidewalk...

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