Mary P. Reynolds v. United States

Mary P. Reynolds was acquitted of the crime of murder in the second degree, but convicted of the lesser and included offense of manslaughter. On this appeal, she questions the sufficiency of the evidence and the giving of certain instructions.

The facts essential to a consideration of the specifications of error may be briefly stated. Duncan Wallace McIntosh was killed by a shot fired from a 9 mm. Luger pistol at 3:04 a. m., April 8, 1954. This occurred in the apartment shared by appellant and McIntosh. No one else was present when the shot was fired.

The two had been drinking excessively at several bars before going to their apartment shortly after 2:30 a. m. Appellant was also subject to diabetic comas. She testified that she did not know whether it was McIntosh or she who fired the shot. She further testified, however, that McIntosh had struck and choked her, water had been thrown on her, and McIntosh had threatened her with the gun. One witness testified that appellant admitted shooting McIntosh. Another witness testified to a telephone conversation shortly after the shooting, in which a woman, who gave her name as “McIntosh,” stated that she had shot McIntosh. On the other…