United States v. Barbeau

DIMOND, District Judge.

Paul Gunn was shot and killed by the discharge of an automatic pistol in the hands of defendant, Lilburn H. Barbeau. The bullet entered decedent’s mouth and passing through his neck shattered one of his vertebrae and severed his spinal cord. At the time of the homicide, the defendant and decedent were seated in a small room in defendant’s dwelling house, facing each other and approximately six feet apart. Defendant was then engaged in loading or had just completed loading his automatic pistol.

The defendant was indicted for the crime of murder in the first degree, that…