JENKINS v. UNITED STATES

No. 16306.

307 F.2d 637 (1962)

Vincent E. JENKINS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided by Judgment Entered April 12, 1962.

Opinion Rendered June 7, 1962.


Attorney(s) appearing for the Case

Mr. Gerald Golin, Washington, D. C. (appointed by the District Court) for appellant.

Mr. Anthony G. Amsterdam, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Charles T. Duncan, Principal Asst. U. S. Atty., and Harry T. Alexander, Asst. U. S. Atty., at the time the brief was filed, were on the brief, for appellee. Messrs. Nathan J. Paulson and David J. McTague, Asst. U. S. Attys., also entered appearances for appellee.

Messrs. Arthur B. Hanson, Dean Farrington Cochran and Samuel J. L'Hommedieu, Jr., Washington, D. C., filed a brief on behalf of American Psychological Association, as amicus curiae, urging reversal.

Mr. Warren E. Magee, Washington, D. C., filed a brief on behalf of American Psychiatric Association, as amicus curiae, urging affirmance.

Before WILBUR K. MILLER, Chief Judge, EDGERTON, PRETTYMAN, BAZELON, FAHY, WASHINGTON, DANAHER, BASTIAN and BURGER, Circuit Judges, sitting


On Rehearing in Banc.

BAZELON, Circuit Judge.

Appellant relied solely upon the defense of insanity in a jury trial which culminated in his conviction for house-breaking with intent to commit an assault, assault with intent to rape, and assault with a dangerous weapon. He alleges that the District Court erred in (1) determining his competency to stand trial, (2) excluding diagnostic opinions of two defense psychiatrists on the ground that their opinions were...

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