McKENZIE v. UNITED STATES

No. 6057.

266 F.2d 524 (1959)

Easton Ray McKENZIE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied May 20, 1959.


Attorney(s) appearing for the Case

Bennett S. Aisenberg, Denver, Colo. (Edwin Langley and A. Camp Bonds, Muskogee, Okl., on the brief), for appellant.

Frank D. McSherry, U. S. Atty., Muskogee, Okl., and Harry G. Fender, Asst. U. S. Atty., Wagoner, Okl. (Paul M. Brewer, Asst. U. S. Atty., Muskogee, Okl., on the brief), for appellee.

Before BRATTON, Chief Judge, PICKETT, Circuit Judge, and KNOUS, United States District Judge.


PICKETT, Circuit Judge.

The defendant, Easton Ray McKenzie, was convicted by a jury on a two-count indictment charging him with the crime of kidnapping, in violation of 18 U.S.C.A. § 1201, and sentenced to life imprisonment. The defense was insanity at the time of the commission of the offense. The only issue here is whether the court erred in not granting defendant's motion for judgment of acquittal, made at the close of all the evidence.

The evidence...

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