U.S. Court of Appeals for the Ninth Circuit, 1969

Donald Raymond Johnson v. United States

U.S. Court of Appeals for the Ninth Circuit · Decided May 1, 1969 · Jertberg, Duniway, Carter

406 F.2d 1111 (Federal Reporter, Second Series)

Counsel

Peter J. Capriola (argued), Fresno, Cal., for appellant., Richard V. Boulger (argued), Asst. U. S. Atty., John P. Hyland, U. S. Atty., Fresno, Cal., for appellee.

Cases that cite this one

2 later published cases cite this decision.

Don Wade v. United States (9th Cir. 1970)
Lanier Allison Ramer v. United States (9th Cir. 1969)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

Appellant 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.

The 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.

This 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).

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

Since 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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