GILLIS v. UNITED STATES

No. 13247.

400 A.2d 311 (1979)

James E. GILLIS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 20, 1979.

Rehearing Denied May 8, 1979.


Attorney(s) appearing for the Case

Allen M. Lenchek, Upper Marlboro, Md., appointed by this court, for appellant.

Earl J. Silbert, U.S. Atty., Washington, D.C., with whom John A. Terry, Peter E. George, and Paul N. Murphy, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before NEWMAN, Chief Judge, YEAGLEY, Associate Judge, and HOOD, Chief Judge, Retired.


HOOD, Chief Judge, Retired:

On a well-lighted but deserted downtown Washington street, about 4:30 on a January morning, appellant shot and killed a man named Smith, who was walking to his place of employment. When brought to trial appellant's defense was that of self-defense. He testified that Smith, who was unknown to him, approached him and accused him "of being with his girl friend, his wife" and Smith then reached into his pocket, that he (appellant) then pulled...

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