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ROSE v. UNITED STATES

No. 15575.

283 F.2d 376 (1960)

Addie Mae ROSE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 13, 1960.

Petition for Rehearing Denied November 28, 1960.

Attorney(s) appearing for the Case

Mr. Albert J. Ahern, Jr., Washington, D. C., with whom Mr. James J. Laughlin, Washington, D. C., was on the brief, for appellant.

Mr. Donald S. Smith, 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. Mr. Daniel J. McTague, Asst. U. S. Atty., also entered an appearance for appellee.

Before EDGERTON, WASHINGTON and BASTIAN, Circuit Judges.

Petition for Rehearing En Banc Denied November 28, 1960.

PER CURIAM.

Appellant was convicted of second degree murder. D.C.Code § 22-2403 (1951). Her chief contention on appeal is that the District Court erred in denying her motion for a judgment of acquittal by reason of insanity. We cannot agree. On the testimony here, the issue was properly one for the jury, and we have concluded "that the result is rationally consistent with the evidence, measured...

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