Thomas Howard, Jr. v. United States

DAVIS, Judge.

Appellant Thomas Howard, Jr., was indicted and tried for first degree murder. Having denied appellant’s motion, made after the Government’s opening argument and again at the conclusion of the prosecution’s case, for acquittal of the offense in the first degree, the District Court charged the jury on first degree murder, second degree murder, and manslaughter. The jury returned a verdict of murder in the second degree, and Howard was sentenced to imprisonment for fifteen years to life.

Since appellant does not challenge the sufficiency of the evidence that he killed the victim, it…