Joseph Griffin v. United States

FAHY, Senior Circuit Judge:

Appellant was indicted for second degree murder and for carrying a dangerous weapon without a license, the former under 22 D.C.Code § 2403 (1967), the latter under 22 D.C.Code § 3204 (1967). He was convicted of both offenses. When the trial had progressed through the testimony of an eyewitness called by the United States, who gave his description of how appellant shot Charles Ballard, the deceased, appellant testified in his own behalf on direct examination. He described a struggle with Ballard over a gun. A shot was fired, the gun fell, and appellant picked it up…