U.S. Court of Appeals for the Fourth Circuit, 1952

Burns v. United States

Burns v. United States
U.S. Court of Appeals for the Fourth Circuit · Decided November 15, 1952 · Parker, Sop-Er, Barksdale
200 F.2d 106; 1952 U.S. App. LEXIS 2242 (Federal Reporter, Second Series)

Burns v. United States

Opinion

PER CURIAM.

This is an appeal in. an inter-pleader suit involving, a policy of National Service Life Insurance- There was-judgment in the court below in favor of the daughter of the -insured ’and"against his widow, who was the beneficiary of' the insurance, on the ground that the latter had been guilty of the intentional killing of the insured and for that reason; was precluded; from recovering under the policy. The.widow, who admittedly' kill *107 •ed the insured, had been charged with murder and had been acquitted in the state court on a plea of self defense. The judge below properly held that the action of the state court in the criminal case was not binding in this case and upon the evidence submitted to him held that the killing was not justified on the theory of self defense but that the widow was guilty of the intentional and felonious slaying of the insured. We think that this was clearly right and that nothing need be added to what was said in the opinion below. See United States v. Burns, 103 F.Supp. 690.

Affirmed.

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