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UNITED STATES v. STRUTTON

No. 680, Docket 73-2452.

494 F.2d 686 (1974)

UNITED STATES of America, Appellee, v. Mark STRUTTON, Appellant.

United States Court of Appeals, Second Circuit.

Decided March 27, 1974.

Attorney(s) appearing for the Case

William Epstein, New York City (William J. Gallagher, The Legal Aid Society, New York City, on the brief), for appellant.

George E. Wilson, Asst. U. S. Atty. (Paul J. Curran, U. S. Atty., S. D. N. Y., and Peter L. Truebner and S. Andrew Schaffer, Asst. U. S. Attys., on the brief), for appellee.

Before FRIENDLY and MANSFIELD, Circuit Judges, and ZAMPANO, District Judge.

PER CURIAM:

The main question presented on this appeal is whether the appellant, Mark Strutton, at the time of the crime was legally insane under the principles enunciated in United States v. Freeman, 357 F.2d 606, 622 (2 Cir. 1966):

A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the wrongfulness of...

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