Bernard Austin v. United States

LEVENTHAL, Circuit Judge:

Appellant Bernard Austin was indicted for murdering Nettie Scott with premeditation, deliberation, and malice aforethought. There was no felony-murder count. Appellant was convicted of first-degree murder. The prosecutor did not request the death penalty. The jury recommended life imprisonment and appellant was sentenced accordingly. D.C.Code §§ 22-2401 (1961), 22-2404 (Supp. V, 1966). On this appeal he challenges various portions of the trial court’s charge to the jury and contends that the evidence at the close of the Government’s case in chief was insufficient to…