Robert v. Medina v. United States

Good Law
254 F.2d 228
United States Court of Appeals for the Ninth CircuitMay 22, 195819-35259California782 words

Opinion

Opinion

Clark, J.

Robert V. Medina and Lawrence Melvin Miles were tried on a charge of murder. Miles was convicted of second degree murder and Medina was convicted of voluntary manslaughter. Miles did not appeal. Medina appeals and assigns as errors:

The homicide was the outgrowth of an argument or quarrel in the Federal Correctional Institution at Terminal Island, California.

Medina, Appellant here, Miles and one Sumpter were inmates in the above mentioned institution.

Sumpter was killed, having been stabbed by Miles. There is also evidence that Sumpter was struck on the head by some instrument, according to the evidence it was a hammer. Several of the witnesses were inmates of the institution and there is considerable conflict in the evidence given by these witnesses as to the details of what occurred at the time of the argument and the incident which resulted in the death. However, there is some evidence that about this time Medina had in his hand a ball peen hammer; also that he was heard to say “now is the time to get him”. According to some of the evidence this remark was addressed to Miles.

Witness Ridge, Coroner’s Physician testified that the cause of death was a stab wound.

The record…

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