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STEWART v. UNITED STATES

No. 21204.

394 F.2d 778 (1968)

Walter H. STEWART, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 26, 1968.

Attorney(s) appearing for the Case

Mr. Joseph F. Hennessey, Washington, D. C. (appointed by this court) for appellant.

Mr. Lawrence S. Margolis, Sp. Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Allan M. Palmer, Asst. U. S. Attys., were on the brief, for appellee.

Before BURGER, WRIGHT and ROBINSON, Circuit Judges.

BURGER, Circuit Judge:

Appellant was convicted of the second degree murder of his wife; on appeal he raises three issues.

Appellant claims that the District Court erred in refusing to direct a judgment of acquittal of second degree murder by reason of insanity. Because of the complicated nature of the issue of criminal responsibility this court has consistently been wary of judgments of acquittal in insanity cases. Gaskins v. United States, U.S.App.D.C. (No...

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