Eugene Bailey v. United States

PRETTYMAN, Circuit Judge.

Appellant was indicted, tried and convicted for murder in the first degree. His trial counsel were appointed by the District Court and voluntarily pursued this appeal, urging reversal for several reasons. They told the District Court and tell us that they have been unable to secure the cooperation of the accused, who insists that he does not desire to live. We have read the entire record.

The facts are simple, uncontested, and can be outlined briefly. Bailey and his wife were separated, being unable to get along with one another. Prior to the fatal date he sought…