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DUSKY v. UNITED STATES

No. 16607.

295 F.2d 743 (1961)

Milton R. DUSKY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

November 3, 1961.

Attorney(s) appearing for the Case

James W. Benjamin, Kansas City, Mo., on brief, for appellant.

Edward L. Scheufler, U. S. Atty., and J. Whitfield Moody, Asst. U. S. Atty., Kansas City, Mo., on brief, for appellee.

Before VOGEL and BLACKMUN, Circuit Judges, and BECK, District Judge.

BLACKMUN, Circuit Judge.

This in forma pauperis criminal case, before us for the second time after the defendant's conviction upon a plea of not guilty and a defense of insanity, now poses a precise but narrow and naked issue: With "some proof" bearing on insanity of the defendant having been introduced, Davis v. United States, 1895, 160 U.S. 469, 488, 16 S.Ct. 353, 40 L.Ed. 499, was the evidence as a whole sufficient to justify the...

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