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BETHEA v. UNITED STATES

No. 8460.

365 A.2d 64 (1976)

Eddie BETHEA, Jr., Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 27, 1976.

Attorney(s) appearing for the Case

Joel M. Finkelstein, Washington, D.C., with whom J. Steven Lempel, Washington, D.C. was on the brief, both appointed by the court, for appellant.

Jonathan B. Marks, Asst. U.S. Atty., Washington, D.C., with whom Earl J. Silbert, U.S. Atty. and John A. Terry, Albert H. Turkus, and Richard L. Cys, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before NEBEKER, YEAGLEY and HARRIS, Associate Judges.

HARRIS, Associate Judge:

This is an appeal from a conviction of first-degree murder in which the defense of insanity was unsuccessful. Appellant contends that the trial court erred (1) in refusing to instruct the jury according to both the American Law Institute's standard for an insanity defense and the principle of "diminished capacity"1 as adopted (the latter by dicta) in United States v. Brawner, 153 U.S.App.D.C. 1, ...

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