J. G. Metoyer v. United States

*31BURGER, Circuit Judge.

This case comes to us on a motion by appellant to reverse and a motion by the United States to affirm. Both motions rest on undisputed facts.

In June 1957, Metoyer was convicted after jury trial of second degree murder and duly sentenced. The District Court granted leave to appeal in forma pauperis. The record and a transcript of the trial are filed, but not printed, in this court.

Metoyer and two companions had been drinking and began to quarrel or brawl. Students of Gallaudet College undertook to stop the brawling and in a general scuffle Metoyer, according to his…