James Hemphill v. United States

LEVENTHAL, Circuit Judge:

This appeal from convictions of first degree premeditated murder and assault with a dangerous weapon raises three issues: (1) Sufficiency of the Government’s evidence as to premeditation; (2) Permissibility of testimony by eye witnesses identifying defendant; (3) Propriety of prosecutor’s closing argument.

1. Sufficiency of the Government’s evidence on premeditation.

This court is of the view that the prosecution presented ample evidence to show that appellant was guilty of an intentional and brutal murder. However, we do not find that its evidence as to premeditation,…