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WADE v. UNITED STATES

No. 22657.

426 F.2d 64 (1970)

Don WADE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

March 30, 1970.

Attorney(s) appearing for the Case

Jonathan E. Johnson (argued), of Roberts, Carmack, Brown, Johnson & Hunter, Los Angeles, Cal., for appellant.

Alan H. Friedman (argued), Asst. U. S. Atty., Wm. Matthew Byrne, U. S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS, BARNES, HAMLEY, MERRILL, KOELSCH, BROWNING, DUNIWAY, ELY, CARTER, HUFSTEDLER, WRIGHT, KILKENNY and TRASK, Circuit Judges.

ELY, Circuit Judge:

Once again we sit en banc to consider an appeal challenging the viability of the M'Naghten rules. As recently as 1968 we sat en banc in the consolidated cases of Ramer v. United States and Church v. United States, 390 F.2d 564 (9th Cir. 1968), and decided that neither of the cases contained such an appropriate record as would allow us to reach the merits of the issue of whether more modern standards...

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