LEVENTHAL, Circuit Judge.
On this appeal from a conviction for second degree murder, we hold that the court erred in its failure to give an appropriate instruction on manslaughter advising the jury that in the event of a homicide resulting from a gross deviation from reasonable care the verdict should be manslaughter if the jury did not find malice beyond a reasonable doubt. The case is remanded for a new trial unless the Government consents to, and the trial court...
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