Public-domain · open source
OpenJurist

314 F.2d 271

Docket No. 17235.

Greene v. United States

Fourth Circuit Court of Appeals

Argued Dec. 12, 1962.

Decided Jan. 31, 1963.

Fourth Circuit Court of Appeals · decided 1963-01-31

Cited by 13 later decisions — most recently October 1976

7 federal appellate · 6 state decisions

2 counsel of record

Relies on Davis v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1963-01-31

View the full empirical analysis of this case →

¶1Mr. David A. Peters, with whom Mr. Albert L. Ledgard, Jr., (both appointed by this court), Washington, D. C., was on the brief, for appellant.

¶2Mr. Robert A. Levetown, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

¶3Before Washington and Burger, Circuit Judges, and Bell, Circuit Judge for the Fourth Circuit.*

¶5PER CURIAM.

¶6This is an appeal from a conviction for robbery in which the principal contention is directed at the court’s instructions and failure of proof in relation to criminal responsibility. As to the first we find the record shows a conflict in the evidence on the issue of whether appellant suffered any mental disease, defect or disorder and whether, if he did, the act was its “product.” The court’s *272charge as originally given on the burden of proof on this issue was deficient and upon counsel’s timely objection the District Judge restated the burden of proof. Defense counsel made no further point or comment and in these circumstances we must view the corrective instruction as one which he approved. We have also considered appellant’s other contentions and find no error.1

¶7Affirmed.

/314/f2d/271 · .json · Public domain