Gillis v. United States

HOOD, Chief Judge, Retired:

On a well-lighted but deserted downtown Washington street, about 4:30 on a January morning, appellant shot and killed a man named Smith, who was walking to his place of employment. When brought to trial appellant’s defense was that of self-defense. He testified that Smith, who was unknown to him, approached him and accused him “of being with his girl friend, his wife” and Smith then reached into his pocket, that he (appellant) then pulled out his pistol and shot Smith. On cross-examination, appellant said he did not recall into which pocket Smith reached but he…