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RIVERS v. UNITED STATES

No. 17950.

330 F.2d 841 (1964)

Schuman M. RIVERS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 5, 1964.

Petition for Rehearing Denied May 7, 1964.

Attorney(s) appearing for the Case

Mr. John A. Shorter, Jr., Washington, D. C. (appointed by this court), for appellant.

Mr. Anthony A. Lapham, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Joel D. Blackwell, Asst. U.S. Attys., were on the brief, for appellee.

Before FAHY, BURGER and McGOWAN, Circuit Judges.

Petition for Rehearing en Banc Denied May 7, 1964.

PER CURIAM.

Appellant was convicted of violating the federal narcotic laws, 26 U.S.C. § 4704(a) and 21 U.S.C. § 174. His defense was insanity.

Testimony at the trial tended to prove that appellant was a drug addict who also suffered from a mental disease related to the commission of the offenses by reason of his addiction. But there was also significant testimony that he was not suffering...

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