Ellswsorth Colbert v. United States

THOMPSON, Associate Judge:

After a jury trial, appellant Ellsworth Colbert was convicted ,of manslaughter while armed, assault with a dangerous weapon (knife) (“ADW”), and carrying a dangerous weapon (knife) (“CDW”).1 On appeal, he argues that he did not receive a fair trial because the government was not required to disclose a police file, obtained mid-trial, pertaining to the decedent’s out-of-state conviction for assault. Appellant also assigns as error an instruction the trial court gave in response to a question from the jury. For the following reasons, we affirm.

*328I.

The jury heard the…