Ernest McDonald v. United States

Appellant was convicted of manslaughter and sentenced to from five to fifteen years’ imprisonment. He had been charged with second degree murder for aiding and abetting his employer, Davis, in the shooting of one Jenkins during an altercation. The District Court allowed this appeal in forma pauperis and we appointed new counsel. After the case was heard by a division of this court, a rehearing en banc was ordered sua sponte.

In this appeal appellant urges that the court’s charge to the jury was fatally defective in two respects. First, the court failed to state that, if acquitted by reason of…