Oshel Eugene Kittrell v. United States

334 F.2d 242, 1964 U.S. App. LEXIS 4694

Opinion

PER CURIAM:

On the submission of this case, our study showed that the principal question was the correctness of the charge to the jury on the issue of insanity. As that matter was then under consideration by the Court en banc in Carter v. United States, 5 Cir., 1963, 314 F.2d 386, further action was expressly deferred pending decision of that case. On December 12, 1963, Appellant filed a motion to dismiss his appeal. Pursuant to that request, we ordered the appeal dismissed on December 24, 1963. Then on December 30, 1963, Appellant filed a motion to reinstate his appeal which we have granted. On the merits we affirm.

The charge under attack conforms to the requirements of Howard v. United States, 5 Cir., 1956, 229 F.2d 602, Rev’d on Rehearing, 5 Cir., 232 F.2d 274, and Davis v. United States, 1895, 160 U.S. 469, 16 S.Ct. 353, 40 L.Ed. 499, and the equal division of the Court in Carter v. United States does not call for any different result. There is obviously no merit to the point on speedy trial.

Affirmed.