Battle v. United States

Appellant was indicted for first degree murder and convicted of second degree murder. The nub of his complaint on this appeal is that the evidence does not support the verdict and hence the trial court should have granted his motions for either (1) judgment of acquittal notwithstanding the verdict, or (2) a new trial.

Although counsel for appellant urged his contentions with vigor, a careful examination of the record does not persuade us that the trial judge committed reversible error. Denial of the motion for acquittal notwithstanding the verdict was consistent with the rule, laid down in…