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LOPEZ v. UNITED STATES

No. 24188.

427 F.2d 1173 (1970)

Jesse Lara LOPEZ, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

June 8, 1970.

Attorney(s) appearing for the Case

John J. Doyle, Sausalito, Cal., for appellant.

J. S. Obenour (argued) Asst. U. S. Atty., Stan Pitkin, U. S. Atty., Tacoma, Wash., for appellee.

Before CARTER and TRASK, Circuit Judges, and BATTIN, District Judge.

PER CURIAM.

This is an appeal from a conviction and sentence for an assault with a knife upon a custodial officer at McNeil Island Penitentiary, in violation of 18 U.S.C. § 111. The defense of insanity was raised at trial but appellant offered no expert testimony on this issue. The government, however, did offer expert testimony, but such testimony was given in accordance with the insanity test then in effect in this Circuit, i. e., M'Naghten plus irresistible...

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