James Jack Dempsey v. United States

This is an appeal from a conviction and sentence of appellant of the crime of escape from the Federal Correctional Institution. Dempsey defended on the ground that his escape was justified because he was a sufferer from diabetes and he was in immediate need of injection of insulin which was not given him.

Appellant here complains of the refusal of the trial court to give the following charge to the jury: “* * * if the jury finds that defendant’s life was put in jeopardy due to cruel and unusual punishment by prison officials the result of which could reasonably have been defendant’s death…