BLOCKER v. UNITED STATES

No. 15777.

288 F.2d 853 (1961)

Comer BLOCKER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 3, 1961.


Attorney(s) appearing for the Case

Mr. J. William Doolittle, Jr., Washington, D. C. (appointed by this court), with whom Mr. E. Lewis Ferrell, Washington, D. C. (appointed by the District Court), was on the brief, for appellant. Mr. James W. Davis, who was appointed by the District Court, was on the brief for appellant but entered government service and withdrew as counsel before the argument.

Mr. Nathan J. Paulson, 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 WILBUR K. MILLER, Chief Judge, and EDGERTON, PRETTYMAN, BAZELON, FAHY, WASHINGTON, DANAHER, BASTIAN, and BURGER, Circuit Judges, sitting in banc.


EDGERTON, Circuit Judge.

We reversed appellant's former conviction of first degree murder. Blocker v. United States, 107 U.S.App.D.C. 63, 274 F.2d 572. He now appeals from another conviction and sentence of death for the same crime. There was substantial evidence that he was, and substantial evidence that he was not, insane at the time of the offense.

In 1895 the Supreme Court ruled that "if the whole evidence, including that...

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