Evans v. United States

277 F.2d 354 (D.C. 1960)

Facts

Evans was convicted of second-degree murder. The Homicide occurred when the defendant hailed the deceased who was walking on the other side of the street. A few moments later, a fight broke out and D inflicted mortal wounds with a knife. The Government called three witnesses to the stand that when their testimony was pieced together showed that D was with two other women and one man. There was also strong evidence that the victim was drunk. D took the stand and made the contention that she was alone and the victim attacked her, and she was merely defending herself. D then proffered testimony from the victim's wife that he was mentally ill and when drunk he became psychotic. That evidence was disallowed, and D was convicted and appealed.