James O. Mitchell v. United States

MacKINNON, Circuit Judge:

Appellant was indicted for second degree murder (D.C.Code § 22-2403) and carrying a dangerous weapon (D.C.Code § 22-3204). The jury returned a verdict of guilty as charged and appellant was sentenced to imprisonment for five to twenty years on the second degree murder count and one year on the dangerous weapon count, the two sentences to run concurrently.

The evidence may be briefly summarized. Mrs. Bessie Redd, the only eyewitness to the shooting present at the trial, 1 testified that she heard “words pass” between the deceased, Edward Shoffner, and the appellant; as…