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UNITED STATES v. BURKS

No. 76-1596.

547 F.2d 968 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. David Wayne BURKS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Rehearing Denied February 8, 1977.

Attorney(s) appearing for the Case

Thomas W. Moon, Bart C. Durham, III, Nashville, Tenn. (Court appointed — CJA), for defendant-appellant.

Charles H. Anderson, U. S. Atty., Richard L. Windsor, Nashville, Tenn., for plaintiff-appellee.

Before WEICK and LIVELY, Circuit Judges, and CECIL, Senior Circuit Judge.

LIVELY, Circuit Judge.

This appeal from conviction for armed bank robbery seeks reversal primarily on the ground that the government did not prove beyond a reasonable doubt that Burks was sane at the time he robbed the bank. The government has the burden of proving sanity once a prima facie defense of insanity has been raised. United States v. Smith (Smith II), 437 F.2d 538, 541 (6th Cir. 1970).

Appellant contends...

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