Virgil v. Lampe v. United States

WILBUR K. MILLER, Circuit Judge.

Virgil V. Lampe and Woodrow W. O’Bryan were jointly indicted for second degree murder and were tried together. O’Bryan was acquitted by the jury but Lampe was convicted of the crime charged and brings this appeal. He requests reversal principally because of his theory that the trial judge erroneously received in evidence three statements made to the police by the victim of the homicide.

The crime was committed July 16, 1954, in Barnard Hill Park in the District of Columbia near the Maryland line. The appellant, his acquitted co-defendant and Fred Lamar, the…