UNITED STATES v. EMERY

No. 81-1174.

682 F.2d 493 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Charles EMERY, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 25, 1982.


Attorney(s) appearing for the Case

Lucien B. Campbell, Federal Public Defender, San Antonio, Tex., for defendant-appellant.

LeRoy M. Jahn, Asst. U. S. Atty., San Antonio, Tex., Francis J. Martin, Atty., Dept. of Justice, Washington, D. C., for the U. S.

Before THORNBERRY, REAVLEY and RANDALL, Circuit Judges.


THORNBERRY, Circuit Judge:

Charles Emery appeals from his conviction on one count of armed robbery under 18 U.S.C. § 2113(a). No one disputes proof that Emery entered the South Park National Bank in San Antonio, Texas, on September 25, 1981, with the intent of robbing it, nor do the parties disagree on Emery's ability to conduct himself with the appearance of rationality. The single issue in the court below was whether Emery had the capacity to conform his conduct...

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