ALLEN v. UNITED STATES

No. 12959.

239 F.2d 172 (1956)

Earl ALLEN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

December 13, 1956.


Attorney(s) appearing for the Case

Claude P. Stephens, Prestonsburg, Ky., for appellant.

Henry J. Cook, U. S. Atty., Lexington, Ky. (Marvin Jones, U. S. Atty., Lexington, Ky., on the brief), for appellee.

Before SIMONS, Chief Judge, and MARTIN and McALLISTER, Circuit Judges.


PER CURIAM.

Appellant was convicted on the charge of breaking into a post office of the United States with intent to steal therefrom. The defense was that, at the time of the alleged offense, appellant was intoxicated either by alcohol or barbiturates, or both, to such an extent that he did not know what he was doing. Appellant had a long record of alcoholism, and, at one time, had been adjudged insane as a result of his drinking. He had previously been postmaster...

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