HOLTZOFF, District Judge.
This is a trial on a charge of murder in the second degree. The trial is before the Court without a jury, as the defendant has waived his right to trial by jury.
The indictment avers that on or about December 2, 1959, within the District of Columbia, Benjamin E. Hamilton, with malice aforethought, murdered John W. Slye by means of striking him with his fists and stamping and kicking him with his shod feet. Specifically, the charge...
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