UNITED STATES v. EVANS

No. 71-1460.

459 F.2d 1134 (1972)

UNITED STATES of America v. George E. EVANS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

January 31, 1972.


Attorney(s) appearing for the Case

Stephen S. Millstein, Washington, D. C. (appointed by this court) was on the brief for appellant.

Thomas A. Flannery, U. S. Atty. at the time the brief was filed, and John A. Terry, Herbert B. Hoffman, and Raymond Banoun, Asst. U. S. Attys., were on the brief for appellee.

Before McGOWAN, LEVENTHAL, and MacKINNON, Circuit Judges.


PER CURIAM:

Appellant was convicted in a trial without a jury of carrying a dangerous weapon without a license. He challenges here (1) the trial judge's failure to direct a verdict of not guilty by reason of insanity, and (2) the action of the trial judge, one week after imposing a one-year sentence, in vacating that sentence and resentencing appellant to a term of 3-10 years.

The only evidence of insanity produced was the testimony of a psychiatrist who stated...

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