DUKES v. UNITED STATES

No. 15277.

278 F.2d 262 (1960)

David DUKES, Appellant v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 7, 1960.

Petition for Rehearing Denied May 24, 1960.


Attorney(s) appearing for the Case

Mr. Warren Woods, Washington, D. C. (appointed by this court) for appellant.

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

Before FAHY, DANAHER and BURGER, Circuit Judges.


Petition for Rehearing En Banc Denied May 24, 1960.

BURGER, Circuit Judge.

Appeal at government expense was allowed to review appellant's conviction for robbery and rape for which concurrent sentences were imposed.

The only point which calls for discussion is whether the charge was erroneous because the trial court failed to withdraw from the jury the issue of whether appellant had a mental disease. This would have required the court to direct a special...

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