UNITED STATES v. SMITH

No. 28938.

436 F.2d 787 (1971)

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

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 4, 1971.


Attorney(s) appearing for the Case

Paul E. Presley, Atlanta, Ga., (Court-appointed), for defendant-appellant.

Eldon B. Mahon, U. S. Atty., Alex H. McGlinchey, Asst. U. S. Atty., Fort Worth, Tex., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and DYER and INGRAHAM, Circuit Judges.


DYER, Circuit Judge:

At the trial of this case, Smith, having admitted every element of the crime of passing forged postal money orders except willfully cashing them, was convicted by a jury of violating 18 U.S.C.A. § 500 despite his defense of insanity at the time of the offenses. On appeal he complains of a superficial psychiatric examination that allegedly was conducted unfairly, the trial court's procedure for determining the necessity for issuing subpoenas...

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