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SMITH v. UNITED STATES

No. 10552.

381 A.2d 258 (1977)

Leonard SMITH, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided December 23, 1977.

Attorney(s) appearing for the Case

Thomas W. Farquhar, Washington, D. C., appointed by this court, was on the brief for appellant.

Earl J. Silbert, U. S. Atty., and John A. Terry, Michael I. Gewirtz, and Mary Ellen Abrecht, Asst. U. S. Attys., Washington, D. C., were on the brief for appellee.

Before KELLY, NEBEKER and MACK, Associate Judges.

PER CURIAM:

Leonard Smith, appellant herein, was charged with second-degree murder (D.C. Code 1973, § 22-2403), which is defined as killing with "malice aforethought." At trial, Smith did not deny having killed the victim, but claimed that the killing was accidental. The jury returned a verdict of guilty of the lesser-included offense of manslaughter (D.C.Code 1973, § 22-2405), which requires only criminal recklessness. On appeal, Smith contends that the...

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