United States v. Arthur L. Marshall

The appellant Marshall was indicted for murder in the first degree in that he shot and killed one Michael Feathers. The case was tried to a jury. At the close of the government’s proof the district judge granted the defendant’s motion for judgment of acquittal as to first degree murder. The jury found Marshall guilty of murder in the second degree. He appeals, complaining of several alleged errors. We find no merit in any of his contentions.

The proof for the government was that Marshall and the deceased Michael Feathers did not know each other. Some two weeks before the shooting, however, an…