UNITED STATES v. SCHMIDT

No. 77-2535.

572 F.2d 206 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Douglas Allen SCHMIDT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended January 13, 1978.


Attorney(s) appearing for the Case

Jo Ann D. Diamos, Tucson, Ariz., for defendant-appellant.

Eugene R. Bracamonte, Asst. U. S. Atty., for plaintiff-appellee.

Before BROWNING, GOODWIN, and KENNEDY, Circuit Judges.


Douglas Allen Schmidt was convicted by jury verdict of mailing a letter addressed to President Ford which contained a threat to take the life of the President of the United States in violation of 18 U.S.C. § 871. At trial, Schmidt raised the defense of insanity. Defendant's motion for acquittal and for a new trial were denied. For the reasons which follow, we affirm.

The only real issue at trial was Schmidt's sanity. After mailing the threatening letter, Schmidt...

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