FOUQUETTE v. BERNARD

No. 13274.

198 F.2d 860 (1952)

FOUQUETTE v. BERNARD.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 19, 1952.


Attorney(s) appearing for the Case

John W. Bonner, Las Vegas, Nev., for appellant.

W. T. Mathews, Atty. Gen., of Nevada (Geo. P. Annand, Deputy Atty. Gen., William N. Dunseath, Deputy Atty. Gen., John W. Barrett, Deputy Atty. Gen., Roger D. Foley, Dist. Atty., Clark County, Nev., Las Vegas, Nev., of counsel), for appellee.

Before DENMAN, Chief Judge, and STEPHENS and BONE, Circuit Judges.


DENMAN, Chief Judge.

Fouquette appeals from an order denying his application for a writ of habeas corpus seeking to have set aside his conviction of first degree murder and his death sentence by the Eighth Judicial Court of the State of Nevada in Clark County. At the hearing in this court it was agreed that Fouquette had killed one Donald Brown and that the questions here concern Fouquette's defense of insanity at the time of the killing.

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