HORTON v. UNITED STATES

Nos. 17261, 17540.

317 F.2d 595 (1963)

Frank HORTON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 18, 1963.


Attorney(s) appearing for the Case

Mr. Richard Arens, Washington, D. C., with whom Mr. Rufus King, Washington, D. C. (both appointed by this court) was on the brief, for appellant. Messrs. Marvin Garbis, Washington, D. C., and Ronald L. Lenkin, West Hyattsville, Md., were also on the brief for appellant.

Mr. William H. Willcox, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker and Alfred Hantman, Asst. U. S. Attys., were on the brief, for appellee.

Mr. Nicholas N. Kittrie, Washington, D. C., filed a brief on behalf of Lawrence Kolb, M.D., et al., as amici curiae, urging reversal.

Before BASTIAN, BURGER and WRIGHT, Circuit Judges.


PER CURIAM.

Appellant was convicted on both counts of an indictment alleging violations of the narcotics statutes.1 On trial his sole defense was insanity based on drug addiction. Two psychiatrists testified that appellant was without mental disease, three psychiatrists testified that appellant's acts were the product of mental disease, and one psychiatrist testified simply that appellant was mentally ill. Thus a jury issue was presented...

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