Court of Appeals for the Sixth Circuit November 25, 1981, 80-5376 (Samuel Delk v. Frank D. Atkinson)

NATHANIEL R. JONES, Circuit Judge,

concurring in part and dissenting in part.

To place my concurring views and my disagreement in context, a brief factual framework is required. Samuel Delk was convicted of second degree murder by a jury in Tennessee state court for the slaying of Harold Gipson. Both before and after the jury verdict, Delk moved the trial court for acquittal.