Opinion
No. 72-3362. Summary Calendar.
Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Company of New York et al., 5 Cir. 1970, 431 F.2d 409, Part I.
April 10, 1973. Rehearing Denied April 30, 1973.
C. Frank Strickland, Jr., Gainesville, Ga., for defendant-appellant.
John W. Stokes, Jr., U.S. Atty., Robert L. Smith, Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee.
Appeal from the United States District Court for the Northern District of Georgia.
Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.
This is an appeal from a judgment of conviction entered on a jury verdict that Bleckley wilfully and by means and use of a dangerous weapon, a 30-30 rifle, forcibly assaulted a United States Deputy Game Warden who was engaged in the performance of his official duties, in violation of 18 U.S.C.A. § 111.
Bleckley's sole point on appeal is that the Government failed to prove his sanity beyond a reasonable doubt and that he was entitled to a directed verdict of acquittal.
Bleckley's defense of insanity at the time of the offense was properly submitted to the jury on conflicting evidence under a correct charge conforming to the standards of Blake v. United States, 5 Cir. 1969, 407 F.2d 908.
"As we said in Blake `the evidence could go either way.' Here the jury found that it went against the defendant. The jury need not be bound by defendant's expert testimony, especially since there are `material variations between the experts themselves * * *.' Mims v. United States, 5 Cir., 1967, 375 F.2d 135, 143. It was for the jury, not the Court." United States v. O'Neal, 5 Cir. 1970, 431 F.2d 695, cert. denied, 401 U.S. 917, 91 S.Ct. 898, 27 L.Ed.2d 818.
Affirmed.