UNITED STATES v. McCRACKEN

No. 72-3785.

488 F.2d 406 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. James E. McCRACKEN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 17, 1974.


Attorney(s) appearing for the Case

Howard A. McDonnell (Court-appointed), Albert Sidney Johnston, Jr., Biloxi, Miss., for defendant-appellant.

Robert E. Hauberg, U. S. Atty., James B. Tucker, Asst. U. S. Atty., Jackson, Miss., for plaintiff-appellee.

Before TUTTLE. BELL and GOLDBERG, Circuit Judges.


GOLDBERG, Circuit Judge:

This is a direct appeal from a conviction for first degree murder. On August 18, 1971, James E. McCracken, then a fifty-six year old domiciliary patient at the Veterans Administration Hospital in Biloxi, Mississippi, shot and killed Dr. Hugh B. McGill, a member of the medical staff at the facility. Using the same .38 caliber pistol, he then shot and wounded himself. He made no attempt to escape or to conceal or deny his actions.

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