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United States v. Benjamin Franklin Hankins
410 F.2d 753
| 5th Cir. | 1969
|
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410 F.2d 753

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

No. 26362.

United States Court of Appeals Fifth Circuit.

May 2, 1969.

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.

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

PER CURIAM:

1

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.

2

Reversed and remanded.

Case Details

Case Name: United States v. Benjamin Franklin Hankins
Court Name: Court of Appeals for the Fifth Circuit
Date Published: May 2, 1969
Citation: 410 F.2d 753
Docket Number: 26362_1
Court Abbreviation: 5th Cir.
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