United States v. James Taylor

Opinion for the Court filed by Senior Circuit Judge FAHY.

FAHY, Senior Circuit Judge:

On a two-count indictment for murder in the first degree (22 D.C.Code § 2401), and carrying a dangerous weapon (22 D.C.Code § 3204), appellant was convicted of second degree murder 1 and the weapons charge. There are three questions he presses which warrant discussion: firstly, that the evidence was not sufficient to support a verdict of second degree murder; secondly, that the instruction on self-defense imposed upon appellant an erroneous obligation to retreat; thirdly, that the portion of the bifurcated…