No. 74-1872.

514 F.2d 716 (1975)

UNITED STATES of America, Appellee, v. Theobald DWORSHAK, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 29, 1975.

Attorney(s) appearing for the Case

Dick DeGuerin, Houston, Tex., for appellant.

David L. Peterson, Asst. U. S. Atty., Bismarck, N. D., for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, ROSS, Circuit Judge, and TALBOT SMITH, Senior District Judge.

TALBOT SMITH, Senior District Judge.

Theobald Dworshak appeals from his conviction after a jury trial of two counts of concealing assets from his trustee in bankruptcy in violation of 18 U.S.C. § 152. The principal defense, rejected by the jury, was that the defendant was insane at the time of the offense. Defendant now asserts as his sole contention on appeal that the trial court erred in failing to conduct, sua sponte, an evidentiary hearing to determine...

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