Friday, Dec. 04, 1964

A Matter of Degree

An all-male jury last week deliberated for 19 hours, finally returned a verdict of second-degree murder against Manhattan tin-can Manufacturer Mark Fein, 32, in the fatal shooting of his bookie (TIME, Nov. 20). The crime is punishable by 20 years to life. Second-degree murder is defined as killing in the heat of anger, without premeditation. The definition did not necessarily fit the circumstances of the Fein case, but the jury was not about to send a man to the chair on the say-so of the chief witness, Gloria Kendal, described by a defense attorney as "this procuress, this prostitute, this madam, this diabolically clever creature."

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