United States v. Burton Strout Marks

Ninth Circuit

United States v. Burton Strout Marks

429 F.2d 587, 1970 U.S. App. LEXIS 8531

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 24, 1970

Docket24870

StatusPublished

Cited by1 cases

This text of 429 F.2d 587 (United States v. Burton Strout Marks) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Burton Strout Marks, 429 F.2d 587, 1970 U.S. App. LEXIS 8531 (9th Cir. 1970).

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Opinion

PER CURIAM:

In this prosecution for burning a draft card, 50 U.S.C. App. § 462(b) (3), there was expert testimony that the appellant suffered from severe anxieties and could not control his actions. The District Court, following the M’Naghten Rules, instructed the jury to find appellant not guilty by reason of insanity if his will was so “completely destroyed or impaired” that he was incapable of conforming his conduct to the requirements of the law. Under our decision in Wade v. United States, 426 F.2d 64 (9th Cir. 1970) (en banc), the jury should have been instructed to acquit by reason of insanity if they found that appellant lacked “substantial capacity” to conform his conduct to the requirements of the law. Wade controls this case, since the conviction was not final on March 30, 1970.

Reversed.

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PER CURIAM:

In this prosecution for burning a draft card, 50 U.S.C. App. § 462(b) (3), there was expert testimony that the appellant suffered from severe anxieties and could not control his actions. The District Court, following the M’Naghten Rules, instructed the jury to find appellant not guilty by reason of insanity if his will was so “completely destroyed or impaired” that he was incapable of conforming his conduct to the requirements of the law. Under our decision in Wade v. United States, 426 F.2d 64 (9th Cir. 1970) (en banc), the jury should have been instructed to acquit by reason of insanity if they found that appellant lacked “substantial capacity” to conform his conduct to the requirements of the law. Wade controls this case, since the conviction was not final on March 30, 1970.

Reversed.

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Bluebook (online)

429 F.2d 587, 1970 U.S. App. LEXIS 8531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-burton-strout-marks-ca9-1970.

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