United States v. Earnest McClain

BAZELON, Chief Judge:

Appellant was charged with second degree murder, 22 D.C.Code § 2403, for pushing his wife from the porch of a house near their home, causing injuries which resulted in death. After trial, the jury returned a verdict of manslaughter, 22 D.C.Code § 2405. Judgment of conviction was entered on October 11, 1968, and appellant was sentenced to serve two to ten years imprisonment.

On appeal, appellant raises several issues, and we find that one of these requires reversal of the conviction. In particular, we find reversible error in the admission, without cautioning instruction,…