John A. Naples v. United States

DANAHER, Circuit Judge.

A jury trial having been waived, Judge Holtzoff found the appellant guilty of murder in the first degree1 in that he killed another in perpetrating a housebreaking while armed with or using a dangerous weapon. The trial judge reduced an additional first degree charge, premediated murder, and found appellant guilty of murder in the second degree.2 Appellant also was found guilty of housebreaking as charged in the third count; and guilty of petit larceny. Sentence was imposed on the first count conviction only.3 j

Appellant’s present counsel urge that the trial court…