United States v. David Wayne Burks

LIVELY, Circuit Judge.

This appeal from conviction for armed bank robbery seeks reversal primarily on the ground that the government did not prove beyond a reasonable doubt that Burks was sane at the time he robbed the bank. The government has the burden of proving sanity once a prima facie defense of insanity has been raised. United States v. Smith (Smith II), 437 F.2d 538, 541 (6th Cir. 1970).

Appellant contends that no witness for the prosecution testified that defendant was substantially capable of conforming his conduct to the requirements of the law he was charged with violating. While…