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UNITED STATES v. PORTER

No. 23446.

431 F.2d 7 (1970)

UNITED STATES of America, Appellee, v. Aubrey Kenneth PORTER, Appellant.

United States Court of Appeals, Ninth Circuit.

Certiorari Denied December 14, 1970.

Attorney(s) appearing for the Case

Samuel H. Vaught (argued), San Jose, Cal., for appellant.

Donald Curnon (argued), Asst. U. S. Atty., John W. Hornbeck, Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Robert L. Brosio, Chief, Criminal Division, Los Angeles, Cal., for appellee.

Before HAMLEY, HAMLIN and WRIGHT, Circuit Judges.

Certiorari Denied December 14, 1970. See 91 S.Ct. 360.

HAMLEY, Circuit Judge:

Following a jury trial, Aubrey Kenneth Porter was found guilty of robbing a federally-insured bank in violation of 18 U.S.C. § 2113(a). On this appeal from the conviction, defendant's principal argument brings into question the instruction the trial court gave with regard to defendant's insanity defense.

Defendant's trial took place prior to our in banc decision in Wade...

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