PHILLIPS v. UNITED STATES

No. 6858.

311 F.2d 204 (1962)

Billy Jack PHILLIPS, Appellant, v. The UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

November 6, 1962.


Attorney(s) appearing for the Case

H. Dale Cook, of Rinehart, Morrison & Cook, Oklahoma City, Okl., for appellant.

Robert M. Green, Asst. U. S. Atty. (Newell A. George, U. S. Atty., with him on brief), for appellee.

Before MURRAH, Chief Judge, and PICKETT, LEWIS, BREITENSTEIN and SETH, Circuit Judges.


MURRAH, Chief Judge.

This appeal in forma pauperis is from a judgment and sentence on a jury verdict for the interstate transportation of a stolen vehicle, in violation of Title 18 U.S.C. § 2312.

At the outset, the defendant pleaded not guilty by reason of insanity, i. e., criminal irresponsibility for the offense charged. The initial question is whether the evidence of mental illness was sufficient to dissipate the legal presumption of sanity, and cast...

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