UNITED STATES v. HANKINS (1969)

United States Court of Appeals Fifth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Benjamin Franklin HANKINS, Defendant-Appellant.

No. 26362.

Decided: May 02, 1969

Before BROWN, Chief Judge, GODBOLD, Circuit Judge, and CABOR, District Judge.

Farese, Farese & Jones, John B. Farese, Ashland, Miss., for appellant. H. M. Ray, U.S. Atty., J. Murray Akers, Asst. U.S. Atty., Oxford, Miss., for appellee.

The record demonstrates that appellant adequately preserved an exception to the court's failure to give a requested instruction on insanity. Oral argument demonstrated that the case must be reversed and remanded for retrial under Blake v. United States, 5 Cir. (en banc) 1969, 407 F.2d 908 and it was so ordered from the bench.

Reversed and remanded.

PER CURIAM:

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