WILSON v. UNITED STATES

Misc. No. 1461.

288 F.2d 121 (1960)

Frank B. WILSON, Petitioner, v. UNITED STATES of America, Respondent.

United States Court of Appeals District of Columbia Circuit.

June 28, 1960.


Attorney(s) appearing for the Case

Mr. Maurice M. Jansky (appointed by this court), Washington, D. C., was on the pleadings for petitioner.

Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the pleadings for respondent.

Before PRETTYMAN, Chief Judge, and WILBUR K. MILLER, and DANAHER, Circuit Judges, in chambers.


PER CURIAM.

Petitioner seeks leave of this court to appeal in forma pauperis from his conviction of second degree murder. Court-appointed counsel argues that such an appeal should be allowed because the trial judge failed to instruct the jury on the government's burden of proof of sanity.

Petitioner's sanity was presumed (and no instruction required) until "some evidence" of his insanity was introduced. Davis v. United States, 160 U.S. 469<...

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