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DURHAM v. UNITED STATES

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.

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