Legal Opinion

United States v. Aubrey Kenneth Porter

Court of Appeals for the Ninth Circuit

Decided December 14, 1970No. 23446_1PublishedCited by 60 opinions

1Opinion of the Court

HAMLEY, Circuit Judge:

Following a jury trial, Aubrey Kenneth Porter was found guilty of robbing a federally-insured bank in violation of 18 U.S.C. § 2113(a). On this appeal from the conviction, defendant’s principal argument brings into question the instruction the trial court gave with regard to defendant’s insanity defense.

Defendant’s trial took place prior to our in banc decision in Wade v. United States, 426 F.2d 64 (9th Cir. 1970), where we adopted, in part, the American Law Institute insanity test as set forth in Model Penal Code § 4.01 (Final Draft 1962). Consequently, the trial court…

2Cases cited18 opinions

  1. Charles Earl Brubaker v. Fred R. Dickson, Warden of the California State Prison at San Quentin, CaliforniaCourt of Appeals for the Ninth Circuit · 1962
  2. Don Wade v. United StatesCourt of Appeals for the Ninth Circuit · 1970
  3. Richard Erwin Sauer v. United StatesCourt of Appeals for the Ninth Circuit · 1957
  4. Arthur Eugene Byrd v. United StatesCourt of Appeals for the D.C. Circuit · 1965
  5. Coe Kane v. United StatesCourt of Appeals for the Ninth Circuit · 1969

13 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

  1. United States v. Patricia Campbell HearstCourt of Appeals for the Ninth Circuit · 1977
  2. United States v. LemonCourt of Appeals for the Ninth Circuit · 1977
  3. United States v. James E. WagnerCourt of Appeals for the Ninth Circuit · 1987
  4. United States v. Glenn Randal FoppeCourt of Appeals for the Ninth Circuit · 1993
  5. United States v. Charles Anthony HartfieldCourt of Appeals for the Ninth Circuit · 1975

55 more not listed; retrieve them via the Exa API.

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