No. 12810.

237 F.2d 760 (1956)

Monte W. DURHAM, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 29, 1956.

Petition for Rehearing Denied May 3, 1956.

Attorney(s) appearing for the Case

Mr. Milton M. Gottesman, Washington, D. C., with whom Mr. William E. Leahy, Washington, D. C. (both appointed by this Court) was on the brief, for appellant.

Mr. Lewis A. Carroll, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., Arthur J. McLaughlin and John W. Kern, III, Asst. U. S. Attys., were on the brief, for appellee. Mr. Carl W. Belcher, Asst. U. S. Atty., also entered an appearance for appellee.

Before EDGERTON, Chief Judge, and BAZELON and WASHINGTON, Circuit Judges.

Petition for Rehearing In Banc Denied May 3, 1956.

BAZELON, Circuit Judge.

On Durham's former appeal, we reversed his conviction of housebreaking and remanded the case for a new trial because the trial court had erroneously applied "existing rules governing the burden of proof on the defense of insanity * * *."1 In addition, we announced a new test of criminal responsibility. Upon re-trial, Durham has again been convicted.


Uncompromising quality. Enduring impact.
Your support ensures a bright future for independent legal reporting.

As you are aware we have offered this as a free subscription over the past years and we have now made it a paid service.Look forward to your continued patronage.



Read it with your Leagle account.
Sign in to continue

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases