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UNITED STATES v. MARABLE

No. 81-5001.

657 F.2d 75 (1981)

UNITED STATES of America, Appellee, v. Schuyler L. MARABLE, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 18, 1981.

Attorney(s) appearing for the Case

Stanford R. Peerless, Norfolk, Va., for appellant.

Larry W. Shelton, Asst. U.S. Atty., Norfolk, Va. (Justin W. Williams, U.S. Atty., Alexandria, Va., Jacob Lutz, Third Year Law Student on brief), for appellee.

Before HAYNSWORTH, Senior Circuit Judge, HALL, Circuit Judge, and ERWIN, District Judge.

ERWIN, District Judge:

Defendant was found guilty of the offense of assault with a deadly weapon, in violation of 18 U.S.C. § 113(f). At trial and on the day of sentencing, defendant moved for a judgment of acquittal pursuant to Rule 29(a) of the Federal Rules of Criminal Procedure. The motions were denied. The basis of the motions and this appeal is that the Government presented evidence of defendant's insanity in its case in chief, and

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