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Rivers v. United States

United States Court of Appeals, District of Columbia Circuit
Mar 5, 1964
330 F.2d 841 (D.C. Cir. 1964)

Opinion

No. 17950.

Argued February 12, 1964.

Decided March 5, 1964. Petition for Rehearing en Banc Denied May 7, 1964.

Mr. John A. Shorter, Jr., Washington, D.C. (appointed by this court), for appellant.

Mr. Anthony A. Lapham, Asst. U.S. Atty., with whom Messrs. David C. Acheson, U.S. Atty., Frank Q. Nebeker and Joel D. Blackwell, Asst. U.S. Attys., were on the brief, for appellee.

Before FAHY, BURGER and McGOWAN, Circuit Judges.


Appellant was convicted of violating the federal narcotic laws, 26 U.S.C. § 4704(a) and 21 U.S.C. § 174. His defense was insanity.

Testimony at the trial tended to prove that appellant was a drug addict who also suffered from a mental disease related to the commission of the offenses by reason of his addiction. But there was also significant testimony that he was not suffering from a mental disease related to the offenses. Thus, the issue of insanity was for the jury to decide. Appellant's contention that his motion for acquittal on the ground of insanity should have been granted must be rejected.

On the issue of insanity appellant requested an instruction on irresistible impulse; but the requested instruction was in terms which would have placed this issue before the jury as an independently controlling alternative test of mental responsibility, inconsistent with our decision in McDonald v. United States, 114 U.S.App.D.C. 120, 124-125, 312 F.2d 847, 851-852 (1962).

Finding no error in the respects above discussed, or otherwise, the judgment is

Affirmed.


Summaries of

Rivers v. United States

United States Court of Appeals, District of Columbia Circuit
Mar 5, 1964
330 F.2d 841 (D.C. Cir. 1964)
Case details for

Rivers v. United States

Case Details

Full title:Schuman M. RIVERS, Appellant, v. UNITED STATES of America, Appellee

Court:United States Court of Appeals, District of Columbia Circuit

Date published: Mar 5, 1964

Citations

330 F.2d 841 (D.C. Cir. 1964)
117 U.S. App. D.C. 375

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