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UNITED STATES v. SMITH

No. 27096.

423 F.2d 1357 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Johnny Ray SMITH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 7, 1970.

Attorney(s) appearing for the Case

Henry Barksdale, Pensacola, Fla., for appellant.

Clinton Ashmore, U. S. Atty., C. W. Eggart, Jr., First Asst. U. S. Atty., Pensacola, Fla., for appellee.

Before RIVES, BELL and DYER, Circuit Judges.

PER CURIAM:

This is an appeal from a jury verdict finding the appellant guilty of unlawful interstate transportation of a stolen motor vehicle in violation of 18 U.S.C.A. § 2312.

One of the defenses asserted was insanity at the time of the commission of the offense. We find that the evidence was sufficient to require submission of the issue to the jury. It was submitted but the charge given did not comport with the requirements of Blake v. United States...

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