Mattie M. Evans v. United States

BAZELON, Circuit Judge.

Appellant was convicted of second-degree murder. The homicide occurred on the sidewalk of a street in Washington about 5:30 a. m., on May 1, 1955.1 The *355Government called three disinterested eyewitnesses, none of whom observed all the events surrounding the homicide. When pieced together, however, their testimony showed that appellant was in the company of two other women and a man; that they hailed the deceased, who was walking on the other side of the street, and he joined the group; and that a few moments later, tussling and fighting began in the group, in the course…