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UNITED STATES v. ARROYAVE

No. 72-1691.

465 F.2d 962 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco Luis ARROYAVE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 30, 1972.

Attorney(s) appearing for the Case

Stanley Joseph Zaks (argued), San Francisco, Cal., for defendant-appellant.

Michael W. Field, Asst. U. S. Atty. (argued), F. Steele Langford, Asst. U. S. Atty., James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before LUMBARD, MERRILL and KILKENNY, Circuit Judges.

PER CURIAM:

Appellant was convicted in a jury trial of violating 21 U.S.C. § 841(a) (1) [possession of marihuana] and 21 U.S.C. § 846 [conspiracy to distribute marihuana]. His sole defense at the time of the trial was mental incapacity to commit the alleged crimes. His principal contention on this appeal is that the trial court erroneously instructed the jury on the issue of insanity.

In his instruction...

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