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UNITED STATES v. ASHE

No. 22654.

427 F.2d 626 (1970)

UNITED STATES of America v. Walter E. ASHE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 12, 1970.

Attorney(s) appearing for the Case

Mr. John C. Smuck, Washington, D. C., with whom Mr. Cecil A. Beasley, Jr., Washington, D. C. (both appointed by this court) was on the brief, for appellant.

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

Before LEVENTHAL, ROBINSON and ROBB, Circuit Judges.

PER CURIAM.

This is an appeal of appellant's conviction under an indictment charging him with carnal knowledge of his ten year old daughter. Appellant's contentions relate to the sufficiency of the evidence and to the procedures by which the defense of insanity, raised by the court over the personal objection of appellant, was presented to the jury.

Our review of the record reveals that this was indeed a very close case with respect to the sufficiency of the...

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