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UNITED STATES v. MARKS

No. 24870.

429 F.2d 587 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Burton Strout MARKS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 24, 1970.

Attorney(s) appearing for the Case

Paul N. Halvonik, San Francisco, Cal. (argued), Charles C. Marson, of American Civil Liberties Union of Northern California, Burton Strout Marks, San Jose, Cal., for appellant.

Paul Fitzgerald (argued), Asst. U. S. Atty., James L. Browning, Jr., U. S. Atty., Michael Metzger, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before BROWNING, WRIGHT and TRASK, Circuit Judges.

PER CURIAM:

In this prosecution for burning a draft card, 50 U.S.C. App. § 462(b) (3), there was expert testimony that the appellant suffered from severe anxieties and could not control his actions. The District Court, following the M'Naghten Rules, instructed the jury to find appellant not guilty by reason of insanity if his will was so "completely destroyed or impaired" that he was incapable of conforming his conduct to the requirements of the law. Under our...

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