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UNITED STATES v. MALCOLM

No. 72-2183.

475 F.2d 420 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry Mack MALCOLM, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 8, 1973.

Attorney(s) appearing for the Case

John K. Van de Kamp, Federal Public Defender, Alan L. Issacman, Deputy Federal Public Defender, San Diego, Cal., for defendant-appellant.

William D. Keller, U.S. Atty., Stanley I. Greenberg, Earl E. Boyd, Eric A. Nobles, Asst. U.S. Attys., Los Angeles, Cal., for plaintiff-appellee.

Before HUFSTEDLER and GOODWIN, Circuit Judges, and SKOPIL, District Judge.

OPINION

HUFSTEDLER, Circuit Judge:

Malcolm appeals from his conviction for armed bank robbery. (18 U.S.C. § 2113(a)(d).)

The only contested factual issue at trial was his sanity at the time of the offense. Over his objection, the district court admitted the testimony of a psychiatrist who had examined him pursuant to a pretrial order compelling him to submit to an examination to ascertain his sanity...

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