HOWARD v. UNITED STATES

No. 15665.

232 F.2d 274 (1956)

Bobby Jack HOWARD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

April 20, 1956.


Attorney(s) appearing for the Case

W. V. Dunnam, Jr., Waco, Tex., for appellant.

Lonny F. Zwiener, Asst. U. S. Atty., Austin, Tex., for appellee.

Before HUTCHESON, Chief Judge, and BORAH, RIVES, TUTTLE, CAMERON, JONES and BROWN, Circuit Judges.


RIVES, Circuit Judge.

A rehearing before the court en banc was ordered by a majority of the judges of this Circuit, 28 U.S.C.A. § 46(c), to settle the questions upon which the judges composing the original panel were in disagreement. See Howard v. United States, 5 Cir., 229 F.2d 602.

As to the most important question, the proper test of criminal responsibility where insanity is asserted, we note that the Court of Appeals...

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