U.S. Court of Appeals for the D.C. Circuit, 1958

Virda Shaw v. United States

U.S. Court of Appeals for the D.C. Circuit · Decided April 17, 1958 · No. 14235_1 · Miller, Washington, Danaher

254 F.2d 785; 103 U.S. App. D.C. 82; 1958 U.S. App. LEXIS 4105 (Federal Reporter, Second Series)

Counsel

Mr. John A. Shorter, Jr., Washington, D. C., with whom Mr. Roy M. Ellis, Washington, D. C., was on the brief, for appellant., On direction of the Court the case for appellee was submitted on its brief. Messrs. Oliver Gasch, U. S. Atty., Lewis Carroll, Carl W. Belcher and Fred L. McIntyre, Asst. U. S. Attys., were on the brief for appellee.

Cases that cite this one

1 later published case cites this decision.

United States v. Paul W. Marcey (D.C. Cir. 1971)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

On or about January 20, 1957, the appellant, Virda Shaw, severely beat a woman, Jimmy Lee Taylor, about the head. She died January 29. Convicted of manslaughter, for which he was sentenced to imprisonment from three to nine years, Shaw appeals on the sole ground that he was entitled to an instruction on assault, which the court refused to give.

Here, the victim died as a result of the beating inflicted by the appellant. In the circumstances, an assault instruction was not required.

Affirmed.

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