UNITED STATES v. ERSKINE

No. 78-1842.

588 F.2d 721 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Morse ERSKINE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 18, 1978.


Attorney(s) appearing for the Case

F. Steele Langford, Asst. U. S. Atty. (argued), San Francisco, Cal., for the U. S.

James Martin MacInnis (argued), San Francisco, Cal., for Morse Erskine.

Before SNEED and KENNEDY, Circuit Judges, and VON DER HEYDT, District Judge.


ANTHONY M. KENNEDY, Circuit Judge:

In a trial to the court, appellant was convicted of violating 18 U.S.C. § 1014, which prohibits "knowingly mak[ing] any false statement or report . . . for the purpose of influencing in any way" the action of a federally insured bank. He does not challenge the sufficiency of the evidence, but appeals on the ground that the trial court should have allowed his medical doctor to testify that he lacked the mental capacity to form...

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