PATTON v. UNITED STATES

No. 21161.

403 F.2d 923 (1968)

Alexander PATTON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 29, 1968.


Attorney(s) appearing for the Case

Mr. Joseph A. McMenamin, Washington, D. C., (appointed by this court) for appellant.

Mr. Roger E. Zuckerman, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee. Mr. John A. Terry, Asst. U. S. Atty., at the time the record was filed, also entered an appearance for appellee.

Before McGOWAN, TAMM and ROBINSON, Circuit Judges.


McGOWAN, Circuit Judge:

Convicted by a jury of robbery, two assaults with a dangerous weapon, and possession of such weapon, appellant seeks reversal here because of (1) the failure of the District Court sua sponte to raise the insanity defense and (2) the receipt in evidence of identification testimony by two eye-witnesses. We find these claims unavailing and, for the reasons hereinafter set forth, we affirm.

I

On the morning of April 9,...

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