STEWART v. UNITED STATES

No. 11891.

214 F.2d 879 (1954)

STEWART v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided July 15, 1954.


Attorney(s) appearing for the Case

Mr. Foster Wood, Washington, D. C., filed a 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, Frederick G. Smithson, and John D. Lane, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Mr. William J. Peck, Asst. U. S. Atty., Washington, D. C., at time record was filed, entered an appearance for appellee.

Mr. Abram J. Chayes, Washington, D. C., amicus curiae, appointed by this Court, with whom Mrs. Antonia H. Chayes, and Messrs. Wilbur R. Lester, Washington, D. C., and John B. Jones, Jr., Radnor, Pa., were on the brief, urged reversal.

Before EDGERTON, BAZELON and WASHINGTON, Circuit Judges.


BAZELON, Circuit Judge.

Appellant was sentenced to death upon conviction of first degree murder committed in robbing a grocery store.1 His defenses at the trial were (1) that at the time of the killing he was not in the store, and (2) that he was insane.2 There is not the slightest doubt from the evidence, however, that he committed the offense. The only substantial...

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