Evening star., 1941-07-14
Court Upho|ds
Murder Verdict
In Auto Death
Malice Assumed
In Double Killing
Laid to Driver
By WILLIAM A. MILLEN.

The hands of officials enforcing
the law in traffic deaths were
strengthened today when the United
States Court of Appeals decided for
the first time in the Capital that
killing a person by an automobile
can result in a second-degree mur-
der conviction.
The court affirmed a District Court
conviction for second-degree murder
in the case of Richard S. NeStlerode,
26-year-old laporer from Missouri,
who killed two persons during a
wild ride through the streets Of
Washington on June % last year.
In an opinion by Chief Justice D.
Lawrence Groner, the appellate
court said: 1T would be sad re-
flection on justice ana menace TO
society to hold that. because he had
chosen to get stupidly drunk, he
should escape the punishment Of
the law"
The court added: THE wonder
of the case is that in this four mile
drive through traffic lights and at
a reckless rate of speed over the
Of Washington, there were not more
than two victims. For, If ever there
was a case which presented every
aspect of complete and reckless
disregard for the rights of others,
this is 1t. II there are mitigating
circumstances, We have failed to
find them. Precisely what happened
is what might have been expected
as the result of the events which
appellant (Nestlerode) set in opera
ton and is the natural and probable
consequence of these acts. Malice
| is presumed under conditions"
Hearing the case in the appellate
court with Chief Justice Groner
| were Associate Justices Justin Miller
and Fred M. Vinson. The Govern
ment was represented by United
States Attorney Edward NJ Curran
and Assistant United States At
torneys Charles B. Murray, Bernard
| Margolius and Arthur B, Caldwell.
Nestlero0e. whose home is in the
100 block of Maryland avenue NE,
was employed on construction jobs
III NEARBY virginia.
Given Two Sentences.
Today opinion laid down the law
| that two homicides may be charged
i in one indictment: that a total of
only 10 peremptory challenges may
| be had in any one trial and that
there was evidence sufficient to sup
/ port the verdict of second-degree
murder and attested to the correct
ness of the lower courts definition
of that crime in its charge to the
jury.
District Court Justice James w.
Morris sentenced Nestlerode to IS
years to life imprisonment for the
death of Joseph Nappo, SO, at Ninth
and M streets NV. For the death
Of Mrs. Edna Mitchell. 40. colored,
! 814 Twelfth street NE. killed at
Twelfth and H streets NE. Nestle
rode was sentenced TO 5 to Is years.
Nestlerode was found guilty of man.
slaughter in the death of Mrs.
Mitchell. but the jury found him
guilty of second-degree murder in
the death of Nappo.
dlbOI IltNS dISutu 10
the appellate court that. even
though one is intoxicated. if he
drives an automobile through Wash
lngtons crowded streets in a
malicious. felonious. willful and
wantonly reckless manner, killing a
person, he should rightly be con-
victed of second-degree murder.
Prosecuting counsel told the higher
court the facts in this case present
a situation of such serious ard
peculiar character that it is shock
ing to the senses of a normal in
dividual."
The Government contended Nestle
rode got fair and impartial trial
and that the jury verdict was fully
justified by the evidence"
Nestlerode's ride. according to
Government evidence, took place in
the afternoon from Twelfth and
Maryland avenue NE. and ended
near Connecticut avenue and @
street NV, when his car was nearly
demolished in a collision with a
Streetcar.