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CATLIN v. UNITED STATES

No. 13252.

251 F.2d 368 (1957)

Robert Lee CATLIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 8, 1957.

Attorney(s) appearing for the Case

Mr. James L. Highsaw, Jr., Washington, D. C. (appointed by this Court), for appellant.

Mr. Fred L. McIntyre, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Lewis Carroll and Arthur J. McLaughlin, Asst. U. S. Attys., were on the brief, for appellee. Mr. Leo A. Rover, U. S. Atty., at the time record was filed, also entered an appearance for appellee.

Before WILBUR K. MILLER, FAHY and BURGER, Circuit Judges.

PER CURIAM.

In Lyles v. United States, 102 U.S.App.D.C. ___, ___ F.2d ___, the Court sitting en banc has held that, in a case where the defense of insanity is fairly raised and it does not appear that the defendant does not desire such an instruction, it is error for the trial judge not to inform the jury that a verdict of not guilty by reason of insanity,

"means that the accused will be confined in a hospital for the mentally ill until the superintendent...

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