UNITED STATES v. LOFTON

No. 85-1177.

776 F.2d 918 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Jessica M. LOFTON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 12, 1985.


Attorney(s) appearing for the Case

R. Michael Holmes (James E. Nesland with him on the briefs) of Ireland, Stapleton, Pryor & Pascoe, P.C., Denver, Colo., for defendant-appellant.

Alleen S. Castellani, Asst. U.S. Atty. (Benjamin L. Burgess, Jr., U.S. Atty. and Kurt J. Shernuk, Asst. U.S. Atty., on the brief), Topeka, Kan., for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, SEYMOUR, Circuit Judge, and WEST, District Judge.


SEYMOUR, Circuit Judge.

Jessica Mae Lofton was found guilty of murder in the second degree, a lesser included offense of first degree murder, in violation of 18 U.S.C.A. § 1111 (1984 & 1985 Supp.). On appeal, she contends (1) that the evidence was insufficient to sustain the conviction, and (2) that the trial court failed adequately to instruct the jury of her heat of passion defense and its effect on the government's burden of proof, and that this failure...

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