Pritchett v. United States, 10544.

• Decision Date: 09 November 1950
• Docket Number: No. 10544.,10544.
• Citation: 87 US App. DC 374,185 F.2d 438
• Parties: PRITCHETT v. UNITED STATES.
• Court: U.S. Court of Appeals — District of Columbia Circuit

87 US App. DC 374, 185 F.2d 438 (1950)

PRITCHETT v. UNITED STATES.

No. 10544.

United States Court of Appeals District of Columbia Circuit.

Argued October 5, 1950.

Decided November 9, 1950.

Mr. James J. Laughlin, Washington, D. C., for appellant. Mr. William E. Owen, Washington, D. C., also entered an appearance for appellant.

Mr. John D. Lane, Asst. U. S. Atty., Washington, D. C., with whom Messrs. George Morris Fay, U. S. Atty., and Richard M. Roberts and Joseph M. Howard, Asst. U. S. Attys., all of Washington, D. C., were on the brief, for appellee.

Before CLARK, PRETTYMAN and PROCTOR, Circuit Judges.

CLARK, Circuit Judge.

The appellant was found guilty of murder in the first degree by a jury in the United States District Court for the District of Columbia pursuant to Sec. 798, D.C.Code (1901), as amended, 22 D.C.Code § 2401 (1940), and has been sentenced to death.

The deceased, Clyde L. King, was an engineer on the B. & O. Railroad, who lived with his wife and eight year old grandson. The appellant was a roomer in the King home.

The deceased started working Saturday night, July 9, 1949, at midnight, and shortly before 1 A.M. Sunday he left his switch engine and did not return until about 2 A.M. On Saturday the appellant had taken Mrs. King and her grandson to a neighborhood party and on their return he parked two doors away from the King home. It was testified that the deceased went over to the appellant's car shouting an oath and stating, "I told you not to take her out." Further testimony showed that the deceased pulled the appellant out of his automobile and struck him in the face. King's grandson testified that harsh words had passed between the deceased and the appellant. After the altercation King walked to the corner and returned to the car to check on his wife whose condition so disgusted him he left for the railroad yard. Neighbors put Mrs. King and the little boy to bed and testified the appellant was still there about 2:20 A.M. One of the boys who had helped put Mrs. King in the house testified that the appellant had pulled a gun from his right hip pocket. All three of these boys testified the appellant, when asked what he was going to do, had said, "he would take care of everything." After the conversation the appellant re-entered the house and shortly thereafter drove off alone in his car.

The appellant next appeared in Wilson's Grill about 3 A.M. looking for Mr. King, and he left when he did not find him. The deceased had returned to his switch engine about 2 A.M. and at 3 A.M. was signaled to back up. The train began to move but stopped so abruptly that the cars ran into the engine. Following "very closely" thereafter the crew heard several explosions.

The fireman was seated on the left side of the cab opposite the deceased's position. A five or six-foot space separated their seats. Access was gained to the cab only by an open door frame from a narrow rear platform. Steps, on both sides, lead to the ground from the rear platform.

The fireman heard King talking out of the right window to some one on the ground, and the appellant admitted calling up to King, to ascertain King's identity. In a "matter of seconds" after the conversation the fireman heard a "series of explosions", but he testified he never saw the assassin and did not turn until he heard King moan and even then thought the moaning was just a joke.

Three other B. & O. crewmen were not alarmed by the "series of explosions" as they were accustomed to the use of explosions in jest in the yards and as signals on the main line. But the sudden stop brought them to the engine as they thought it had jumped the track. The yard foreman saw the appellant walk down the steps of the rear platform with his right hand under the bib of his overalls. When this foreman reached the deceased, the foreman's watch disclosed it was five past 3 A.M. The appellant walked past all three crew members and admitted seeing the last of the three. The appellant was seen leaving the railroad yard, and at about 3:30 A.M. he was seen entering the King home. The appellant admits being in the engine and admits tossing the weapon on the tracks. He was arrested at 3:45 A.M. the same day.

There were seven wounds with their entrance all in a downward direction from left to right. This indicated the weapon was discharged from above the deceased as would have been the case if the weapon had been fired by one standing on the rear platform of the switch engine. The lack of powder marks indicated the weapon was held more than eighteen inches from the deceased. The billfold and overalls of the appellant indicated that the weapon was discharged from inside his overalls.

When the appellant took the stand his counsel brought out that he had served twelve and one-half years in Virginia for second degree murder.

The appellant contends unless the evidence is clear and convincing, and excludes any hypothesis except that of guilt, the jury should not be permitted to guess and speculate, and the court should, as a matter of law, have taken the case from the jury...