Eagles v. United States

MARTIN, Chief Justice.

The appellants, Eagles, Moreno, and Procter, together with one John Palls McCabe, were indicted and tried upon a charge of murder in the first degree for the death of Police Officer Leo W. K. Busch. McCabe was acquitted by the verdict of the jury. The three appellants were convicted, and the death sentence was imposed upon them. They have brought this appeal.

The testimony discloses that on the night of September 25, 1926, McCabe came into Washington driving a Chevrolet ear, and by chance fell into the company of Procter. Both did some drinking, and McCabe became quite…