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UNITED STATES v. MANETTA

No. 76-2452.

551 F.2d 1352 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Andrew Anthony MANETTA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 18, 1977.

Attorney(s) appearing for the Case

P. Bruce Kirwan, Federal Public Defender (court-appointed), Andrew H. Marshall, Federal Defender Program, Atlanta, Ga., for defendant-appellant.

John W. Stokes, U. S. Atty., Dorothy Y. Kirkley, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before GOLDBERG and HILL, Circuit Judges, and KERR, District Judge.

JAMES C. HILL, Circuit Judge:

On April 19-21, 1976, Andrew Anthony Manetta stood trial in the District Court for the Northern District of Georgia for a November 11, 1974, knife assault on Charles Norgaard while both were incarcerated in the federal penitentiary at Atlanta, Georgia. Manetta's trial defense was insanity, and he presented evidence, both expert and lay, that on November 11, 1974, he was legally insane—that is, because of a mental disease or defect...

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