DEMPSEY v. UNITED STATES

No. 18323.

283 F.2d 934 (1960)

James Jack DEMPSEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

November 23, 1960.


Attorney(s) appearing for the Case

William A. Barber, Jr., Texarkana, Tex., for appellant.

Paul N. Brown, U. S. Atty., Joe Tunnell, Asst. U. S. Atty., Tyler, Tex., for appellee.

Before RIVES, Chief Judge, and TUTTLE and JONES, Circuit Judges.


PER CURIAM.

This is an appeal from a conviction and sentence of appellant of the crime of escape from the Federal Correctional Institution. Dempsey defended on the ground that his escape was justified because he was a sufferer from diabetes and he was in immediate need of injection of insulin which was not given him.

Appellant here complains of the refusal of the trial court to give the following charge to the jury: "* * * if the jury finds that defendant...

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