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UNITED STATES v. SMITH

No. 74-1532.

507 F.2d 710 (1974)

UNITED STATES of America, Appellee, v. James Edwin SMITH, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 23, 1974.

Attorney(s) appearing for the Case

Halbert T. Dail, Norfolk, Va. [court-appointed] (Kanter, Kanter & Dail, Norfolk, Va., on brief), for appellant.

J. Brian Donnelly, Asst. U. S. Atty. (David H. Hopkins, U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BUTZNER and RUSSELL, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

The defendant, convicted of mail fraud,1 seeks by this appeal a new trial. Among other claims of error, he assigns error in the limitation placed by the District Judge on the admission of evidence on his defense of insanity. We agree and reverse.

At trial the sole defense raised by the defendant was a want of criminal intent by reason of insanity.2 Whenever insanity is...

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