United States of America Ex Rel. Codarre v. Gilligan, Acting Warden of Green Haven Prison, Stormville, New York

*963HAYS, Circuit Judge:

On November 15, 1943 appellant Co-darre, then thirteen years old, was placed on trial in the County Court of Dutchess County, New York, for the crime of murder in the first degree, a charge at that time carrying the possibility on conviction of imposition of the death penalty.1 Codarre entered a plea of not guilty by reason of insanity. One Dr. Banay, a psychiatrist who had conducted a thorough examination of appellant, was prepared to testify that Codarre “was experiencing a psycho-motor epileptic attack * * * that this boy was legally insane at the time of the commission…