UNITED STATES v. COOPER

No. 71-1687.

465 F.2d 451 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. James Andrew COOPER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied January 12, 1973.


Attorney(s) appearing for the Case

Alvin S. Michaelson (argued), Los Angeles, Cal., for defendant-appellant.

David P. Curnow, Asst. U. S. Atty. (argued), Eric A. Nobles, Asst. U. S. Atty., Rober L. Meyer, U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before ELY, HUFSTEDLER, and WRIGHT, Circuit Judges.


Rehearing and Rehearing En Banc Denied January 12, 1973.

HUFSTEDLER, Circuit Judge:

Cooper appeals from his conviction for robbery (18 U.S.C. §§ 2113(a), 2113(d)). We reverse because the Government failed to carry its burden of proving beyond a reasonable doubt that Cooper was sane when he robbed the bank.

The Court appointed a psychiatrist, Dr. Polos, to examine Cooper to determine his mental competence to stand trial and his sanity when...

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