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WASHINGTON v. UNITED STATES

No. 20232.

390 F.2d 444 (1967)

Thomas H. WASHINGTON, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 13, 1967.

Attorney(s) appearing for the Case

Mr. Frank U. Fletcher, Washington, D. C. (appointed by this court) for appellant.

Mr. Edward T. Miller, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Joel D. Blackwell, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, FAHY and ROBINSON, Circuit Judges.

BAZELON, Chief Judge:

Appellant was convicted by a jury of rape, robbery, and assault with a deadly weapon. His major defense was insanity. On appeal, he contends that the trial judge should have entered a judgment of acquittal by reason of insanity.

I

This court has always been reluctant to order such judgments of acquittal.1 Our reluctance is rooted in the nature of the jury's role in insanity cases. In the early eighteenth...

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