Gilbert J. Comber v. United States

On Rehearing En Banc In these consolidated appeals, we are faced with the immediate question of what jury instructions for
the crime of manslaughter are appropriate where a person dies as a result of bare-fisted blows to the face. Like an unraveling
string, this inquiry has led to and necessitated a more general examination of the law of manslaughter and particularly its
division in our jurisdiction into "voluntary" and "involuntary" components. 1 In No. 87-249, Joseph Pinkney died after
appellant Comber struck him either once or twice in the face with his bare fist. In No. 89-31, Geriel Butler died after appellant
Hayward, in two incidents separated by five to twenty-five minutes, punched him twice in the face. Both men were indicted
for second-degree murder in violation of D.C. Code § 22-2403 (1989) and were tried before juries. In each case,
the jury acquitted the defendant of second-degree murder but returned a guilty verdict on the lesser-included charge of voluntary
manslaughter. Id. § 22-2405. Both appellants challenge the voluntary manslaughter instructions upon which the juries
based their verdicts. They also raise challenges pertaining to involuntary manslaughter instructions: appellant Hayward claims
the trial court erred in refusing to give such an instruction, while appellant Comber claims the involuntary manslaughter
instruction in his case was improper. Because we agree with these contentions of instructional error, we reverse and remand
for new trials. I. THE HOMICIDES