Herbert S. Carey v. United States

BASTIAN, Circuit Judge.

Appellant was tried for first degree murder and robbery. 1 He was convicted of manslaughter and robbery, from which conviction he appeals.

The basic factual pattern is not disputed. On the evening of May 19, 1960, appellant and Mrs. Beulah Butler, his landlady, whom he had known and been friendly with for several years, became involved in an argument over appellant’s common law wife. Apparently, all three had been drinking that day. Mrs. Butler informed appellant that his wife was lazy and would have to get out of the house and stay out.' When appellant retorted that his…