United States v. Claude L. Smith, United States of America v. James P. Jarvis

ROBB, Circuit Judge:

On the night of July 3, 1971 the appellant Smith shot and killed Elroy W. Williams with a pistol Smith borrowed from the appellant Jarvis 1 a few minutes before the shooting. The appellants were indicted and convicted of second degree murder and carrying a dangerous weapon, and they appeal.

The killing occurred on the sidewalk of Georgia Avenue, in Washington. It was not disputed at the trial that Smith fired a single shot that killed Williams, nor was it disputed that Jarvis gave Smith the pistol that Smith used. There was agreement also that several hours before the…