UNITED STATES v. SMITH

No. 74-1353.

521 F.2d 374 (1975)

UNITED STATES of America, Appellee, v. Clarence SMITH, a/k/a "Texas Shorty," Appellant.

United States Court of Appeals, Tenth Circuit.

August 22, 1975.


Attorney(s) appearing for the Case

Mark L. Bennett, Jr., Topeka, Kan., for appellant.

Mary K. Briscoe, Asst. U. S. Atty. (E. Edward Johnson, U. S. Atty., and Bruce E. Miller, Asst. U. S. Atty., with her on the brief), for appellee.

Before SETH, McWILLIAMS and BARRETT, Circuit Judges.


SETH, Circuit Judge.

The defendant, Clarence Smith, was indicted and tried for the first degree murder of a fellow inmate in the federal penitentiary at Leavenworth, Kansas. The jury returned a verdict of guilty of voluntary manslaughter, and defendant appeals.

Appellant's first argument is that the trial court abused its discretion in allowing evidence of his prior convictions to be admitted. Prior to the start of the trial, the trial court heard appellant...

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