U.S. Court of Appeals for the Ninth Circuit, 1970

United States of America, and v. Daniel Ernest Hayes

United States of America, and v. Daniel Ernest Hayes
U.S. Court of Appeals for the Ninth Circuit · Decided July 8, 1970 · Chambers, Merrill, Per Curiam, Wollenberg
429 F.2d 36; 1970 U.S. App. LEXIS 8276 (Federal Reporter, Second Series)

United States of America, and v. Daniel Ernest Hayes

Opinion

PER CURIAM:

The judgment of conviction in this Dyer act case is affirmed.

The only point is an assertion of incompetent representation. The conten *37 tion is that taking the ear and leaving so much evidence lying around shows irrational behavior that negatives the necessary intent.

On the full facts, we cannot say that it was incumbent on counsel to make an insanity issue.

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