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OLIVER v. UNITED STATES

No. 21385.

396 F.2d 434 (1968)

Bernard Henry OLIVER, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

May 22, 1968.

Attorney(s) appearing for the Case

Jay B. Pendleton (argued), San Jose, Cal., for appellant.

Sidney I. Lezak (argued), U. S. Atty., Portland, Or., for appellee.

Before BARNES and MERRILL, Circuit Judges, and von der HEYDT, District Judge.

BARNES, Circuit Judge:

The principal issue presented on appeal is whether the district court erred in defining insanity in terms of the M'Naghten rule as extended by the so-called irresistible impulse rule. In so acting the district court was following the holding of this court in Sauer v. United States, 241 F.2d 640 (9th Cir. 1957), cert. denied, 354 U.S. 940, 77 S.Ct. 1405, 1 L.Ed.2d 1539. Cf. Smith v. United States,

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