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406 F.2d 1111

Docket No. 22367.

Johnson v. United States

Ninth Circuit Court of Appeals

Decided Jan. 28, 1969.

Rehearing Denied May 1, 1969.

Ninth Circuit Court of Appeals · decided 1969-01-28

Cited by 5 later decisions — most recently March 1970

5 federal appellate ·

2 counsel of record

Relies on Massengale v. United States · Sauer v. United States · Ramer v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1969-01-28

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¶1Peter J. Capriola (argued), Fresno, Cal., for appellant.

¶2Richard V. Boulger (argued), Asst. U. S. Atty., John P. Hyland, U. S. Atty., Fresno, Cal., for appellee.

¶3Before JERTBERG, DUNIWAY and CARTER, Circuit Judges.

¶4PER CURIAM:

¶5Appellant was convicted in a non-jury trial of bank robbery. He was sentenced to the custody of the Attorney General for a study and then appealed. He is presently on bond.

¶6The record clearly shows this defendant committed the offense. The only real point on appeal is that the trial judge should have applied a different standard on the defense of insanity than that in the M’Naghten rule.

¶7This circuit to date has followed a modified M’Naghten rule. Sauer v. United States, 241 F.2d 640 (1957), cert. den. 354 U.S. 940, 77 S.Ct. 1405, 1 L.Ed.2d 1539 (1957); Ramer v. United States, 390 F.2d 564, in banc, (1968).

¶8Other contentions have been considered and are without merit. The judgment of conviction is affirmed.

¶9Since the appellant is on bond, he should be promptly brought before the trial court, his bond exonerated and an order made committing him for the study ordered.

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