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BLOCKER v. UNITED STATES

No. 14274.

274 F.2d 572 (1959)

Comer BLOCKER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 25, 1959.

Attorney(s) appearing for the Case

Mr. Howard C. Westwood, Washington, D. C., with whom Mr. J. William Doolittle, Jr., Washington, D. C. (both appointed by this Court) was on the brief, for appellant.

Mr. John D. Lane, Asst. U. S. Atty., with whom Mr. Oliver Gasch, U. S. Atty., and Messrs. Carl W. Belcher and Frederick G. Smithson, Asst. U. S. Attys., were on the brief, for appellee.

Mr. Francis J. Ortman, Washington, D. C. (appointed by this Court as amicus curiae) urged reversal.

Before PRETTYMAN, Chief Judge, and EDGERTON, WILBUR K. MILLER, BAZELON, FAHY, WASHINGTON, DANAHER, BASTIAN and BURGER, Circuit Judges, sitting en banc.

PER CURIAM.

Comer Blocker was indicted, tried and convicted for murder in the first degree. His defense was insanity. Three psychiatrists testified at his trial, two called by the defense and one by the prosecutor. All three were on the staff at St. Elizabeths Hospital, an institution owned by the Federal Government and operated by it for the mentally ill. Blocker had undergone observation there for some sixty days or more. The testimony of the doctors called by him...

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