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UNITED STATES v. HINKLE

No. 72-1990.

487 F.2d 1205 (1973)

UNITED STATES of America v. Michael H. HINKLE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 7, 1973.

Rehearing Denied December 4, 1973.

Attorney(s) appearing for the Case

Robert L. Weinberg, Washington, D. C., and John F. Mathews, appointed by this Court, for appellant.

Lee Cross, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry, and Warren L. Miller, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, and LEVENTHAL and ROBINSON, Circuit Judges.

PER CURIAM:

Appellant was indicted for second degree murder. The evidence showing that Hinkle stabbed the decedent was undisputed. Hinkle, himself, testified that he had no recollection of the events that took place on the evening in question because he was intoxicated. His defense rested on claims of self-defense, provocation, lack of malice, and a contention that the fatal wound was not the one he administered, but one that occurred during the surgery occasioned...

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