Robert Starr, Jr. v. United States

*379Decided on Rehearing en Banc

Before Edgerton, Chief Judge, and Prettyman, Wilbur K. Miller, Bazelon, Fahy, Washington, Danaher, Bastían and Burger, Circuit Judges, sitting en banc. WILBUR K. MILLER, Circuit Judge, with whom PRETTYMAN, DANAHER, BASTIAN and BURGER, Circuit Judges, concur.

On the evening of June 10, 1956, Robert Starr knocked on the door of Bernice Askew’s apartment and, when she answered, asked if his wife, Louvenia, was there. Upon being told she was not, Starr exhibited a butcher knife, which he took from his pocket, and said, “Baby Sis,1 I am going to get Louvenia tonight. I…