Edward L. Boerngen v. United States

RIVES, Circuit Judge.

This appeal is from three judgments of conviction entered on pleas of guilty and from the denial of a motion for new trial as to each judgment. The motions for new trial raised for the first time the defense of insanity. The case was submitted in this Court on February 21, 1963, and its decision was delayed to await the decision in Carter v. United States of America, 5 Cir., 314 F.2d 386, argued en banc. The judgment in that case has now been affirmed by an evenly divided court.

All of the offenses of which the defendant was convicted were violations of Title 18, United…