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U.S. v. WHITETAIL

No. 91-1400.

956 F.2d 857 (1992)

UNITED STATES of America, Appellee, v. Emrolyn Kae WHITETAIL, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 12, 1992.

Attorney(s) appearing for the Case

Donald R. Becker, Fargo, N.D., for appellant.

Dennis D. Fisher, Fargo, N.D., argued (Stephen D. Easton, on the brief), for appellee.

Before FAGG, Circuit Judge, HEANEY, Senior Circuit Judge, and BOWMAN, Circuit Judge.

BOWMAN, Circuit Judge.

This is a direct appeal of a criminal conviction and sentence. Emrolyn Kae Whitetail was indicted for the second degree murder of Robert McKay, her long-time, live-in boyfriend, in violation of 18 U.S.C. § 1111 (1988). During her trial she never denied that she killed McKay, but rather contended that, at the time of the killing, she was suffering from battered-woman syndrome, that McKay was beating her or was about to begin beating her...

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