United States v. James H. Burks

J. SKELLY WRIGHT, Circuit Judge:

Appellant was charged with first degree murder and carrying a dangerous weapon. The facts, according to the Government’s version of the story, indicated deliberate and premeditated murder. The decedent Price owed appellant part of the purchase price of a truck. Appellant visited Price on the morning of December 19, 1969, at the apartment *434project where Price worked, and asked Price to either pay the money or return the truck.1 After Price refused, an argument ensued in which verbal threats were exchanged, but appellant left before any fight erupted. Later in the…