Suhay v. United States

BRATTON, Circuit Judge.

Appellants Robert J. Suhay and Glen J. Applegate were charged by indictment with the murder of Wimberly Wayne Baker in the post office building at Topeka, Kan. In submitting the case to the jury, the court instructed on murder in the first degree and murder in the second degree; and the jury was appropriately advised that in the event appellants were found guilty of murder in the first degree, the verdict could be qualified by adding thereto the words “without capital punishment.” Separate verdicts were returned finding them guilty of murder in that degree, but the…