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KITTRELL v. UNITED STATES

No. 19890.

334 F.2d 242 (1964)

Oshel Eugene KITTRELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

July 16, 1964.

Attorney(s) appearing for the Case

Jack T. Niland, El Paso, Tex., for appellant.

M. H. Raney, Asst. U. S. Atty., El Paso, Tex., for appelle

Before BROWN and WISDOM, Circuit Judges.

PER CURIAM.

On the submission of this case, our study showed that the principal question was the correctness of the charge to the jury on the issue of insanity. As that matter was then under consideration by the Court en banc in Carter v. United States, 5 Cir., 1963, 314 F.2d 386, further action was expressly deferred pending decision of that case. On December 12, 1963, Appellant filed a motion to dismiss his appeal. Pursuant to that...

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