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UNITED STATES v. McRAE

No. 78-5152.

593 F.2d 700 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen Roderick McRAE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 24, 1979.

Attorney(s) appearing for the Case

Lucien B. Campbell, Federal Public Defender, C. Larry Mathews, Jr., Asst. Public Defender, El Paso, Tex., for defendant-appellant.

Jamie C. Boyd, U. S. Atty., LeRoy M. Jahn, F. G. Rodriguez, James E. Bock, Asst. U. S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before INGRAHAM, GEE and FAY, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 24, 1979.

GEE, Circuit Judge:

About two years ago, appellant McRae killed his wife Nancy by shooting her through the head with his deer rifle at point-blank range. That he did so is admitted; his sole defense at trial was that the shooting was not malicious but accidental. The offense having occurred on the Fort Bliss military reservation, McRae was indicted for second-degree murder under 18 U.S.C. § 1111. A...

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