CLARK v. UNITED STATES

No. 14243.

259 F.2d 184 (1958)

James J. CLARK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Judgment Entered July 21, 1958.

Opinion Filed August 7, 1958.

Petition for Rehearing Denied September 12, 1958.


Attorney(s) appearing for the Case

Mr. Wesley S. Williams, Washington, D. C. (appointed by the District Court) for appellant.

Mr. John D. Lane, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Lewis Carroll and Joel D. Blackwell, Asst. U. S. Attys., were on the brief, for appellee.

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


Petition for Rehearing En Banc Denied September 12, 1958.

EDGERTON, Chief Judge.

This appeal is from a conviction of murder in the first degree.

Appellant pleaded not guilty and testified he "must have been insane." As we said in Tatum v. United States, 88 U.S. App.D.C. 386, 390, 190 F.2d 612, 616, "the function of the trial court in regard to the issue of sanity is to determine whether that issue is brought into the...

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