No. 11859.

214 F.2d 862 (1954)


United States Court of Appeals District of Columbia Circuit.

Decided July 1, 1954.

Petition for Rehearing Denied September 10, 1954.

Attorney(s) appearing for the Case

Mr. Abe Fortas, Washington, D. C., appointed by this Court, with whom Mr. Abe Krash, Washington, D. C., was on the brief, for appellant.

Mr. Gerard J. O'Brien, Jr., Asst. U. S. Atty., Washington, D. C., with whom Messrs. Leo A. Rover, U. S. Atty., and Lewis A. Carroll and Arthur J. McLaughlin, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee. Mr. William J. Peck, Asst. U. S. Atty. at time record was filed, Washington, D. C., entered an appearance for appellee.

Before EDGERTON, BAZELON and WASHINGTON, Circuit Judges.

Petition for Rehearing In Banc Denied September 10, 1954.

BAZELON, Circuit Judge.

Monte Durham was convicted of housebreaking,1 by the District Court sitting without a jury. The only defense asserted at the trial was that Durham was of unsound mind at the time of the offense. We are now urged to reverse the conviction (1) because the trial court did not correctly apply existing rules governing the burden of proof on the defense...

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