UNITED STATES v. McRARY

No. 79-5023.

616 F.2d 181 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Clifford McRARY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 30, 1980.


Attorney(s) appearing for the Case

Thomas M. Sherouse, Asst. U. S. Atty., Miami, Fla., for defendant-appellant.

Sonia Escobio O'Donnell, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before TUTTLE, FAY, and THOMAS A. CLARK, Circuit Judges.


THOMAS A. CLARK, Circuit Judge:

This is an appeal from a jury verdict finding the defendant guilty of kidnapping (18 U.S.C. § 1201(a)). The defense was insanity at the time of the act. We reverse because of the exclusion of testimony of defendant's wife, and of testimony of the psychologist and psychiatrist called by the defendant, which testimony would have permitted the defendant to offer proof of folie a deux as an element of his defense of insanity.

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