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UNITED STATES v. O'NEAL

No. 28915.

431 F.2d 695 (1970)

The UNITED STATES of America, Plaintiff-Appellee, v. Ernest Mathews O'NEAL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 10, 1970.

Attorney(s) appearing for the Case

John J. Sullivan, Savannah, Ga., for defendant-appellant.

Donald H. Fraser, U. S. Atty., Richard C. Chadwick, Asst. U. S. Atty., Savannah, Ga., R. Jackson B. Smith, Jr., U. S. Atty., So. District of Ga., Augusta, Ga., for plaintiff-appellee.

Before BROWN, Chief Judge, and GOLDBERG and CLARK, Circuit Judges.

PER CURIAM:

Recently in United States v. Pitts, 5 Cir., 1970, 428 F.2d 534 we again delved into the issue of whether the evidence on the defendant's mental competence at the time of the offense would support a judgment denying a motion for acquittal. Seeing little in this case that would distinguish it from Pitts, we affirm.

As did Pitts, this case centered around a battle of the experts. The defendant stipulated...

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