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COMBER v. U.S.

Nos. 87-249, 89-31.

584 A.2d 26 (1990)

Gilbert J. COMBER, Appellant, v. UNITED STATES, Appellee. Edward L. HAYWARD, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided December 21, 1990.

Attorney(s) appearing for the Case

James Klein, Public Defender Service, with whom Allan Brenner, Gretchen Franklin, Kenneth B. Nunn, Henderson Hill, and Carol Steiker, Public Defender Service, Washington, D.C., were on the briefs, for appellants.

Roy W. McLeese III, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., John R. Fisher, Thomas J. Tourish, Jr., Thomas J. Motley, Barry Coburn, Per A. Ramfjord, Asst. U.S. Attys., and Michael W. Farrell, Asst. U.S. Atty., Washington, D.C. at the time the briefs were filed, were on the briefs, for appellee.

Before ROGERS, Chief Judge, NEWMAN, FERREN, BELSON, TERRY, STEADMAN and SCHWELB, Associate Judges.

STEADMAN, Associate Judge:

In these consolidated appeals, we are faced with the immediate question of what jury instructions for the crime of manslaughter are appropriate where a person dies as a result of bare-fisted blows to the face. Like an unraveling string, this inquiry has led to and necessitated a more general examination of the law of manslaughter and particularly its division in our jurisdiction into "voluntary"...

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