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UNITED STATES v. McGRAW

No. 74-2388.

515 F.2d 758 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. James H. McGRAW, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 1, 1975.

Attorney(s) appearing for the Case

P. Vernon Zeitsoff, Deputy Federal Public Defender (argued), Los Angeles, Cal., for defendant-appellant.

John J. Resich, Jr., Asst. U. S. Atty. (argued), for plaintiff-appellee.

Before ELY and WALLACE, Circuit Judges, and TURRENTINE, District Judge.

OPINION

WALLACE, Circuit Judge:

McGraw appeals from his conviction for bank robbery in violation of 18 U.S.C. § 2113(a).1 His defense at trial was that he was not legally sane at the time of the robbery. On appeal, he argues that the district court erroneously instructed the jury on the issue of insanity and that there was insufficient evidence to support a finding of sanity. We reverse and remand.

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