THOMAS v. UNITED STATES

No. 24574.

429 F.2d 33 (1970)

Everett Lyle THOMAS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

June 17, 1970.


Attorney(s) appearing for the Case

Philip N. Andreen, Defenders, Inc. San Diego, Cal., for appellant.

Harry D. Steward, U. S. Atty., Brian E. Michaels, Asst. U. S. Atty., San Diego, Cal., for appellee.

Before BROWNING and HUFSTEDLER, Circuit Judges, and FOLEY, District Judge.


PER CURIAM:

On March 3, 1970, this case was submitted for decision. The several assignments of error made by appellant need not be dealt with in view of the disposition we make of this case.

The issue of appellant's competency at the time of the offense was raised in the District Court. That court instructed the jury as to the competency issue substantially in the language of Mathes and Devitt Federal Jury Practice and Instructions, 1968 Pocket Part, Instruction...

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