Curtis Hightower v. United States

Appellant, on March 3,1962, attempted to steal five suits from a local department store. When apprehended by a store detective, appellant resisted arrest and assaulted the detective. Before trial, upon appellant’s motion a mental examination was ordered. After the appellant had been certified as competent, a jury trial was waived. A District Judge upon all the evidence found the appellant guilty of larceny and assault. The facts as to criminal conduct are not in dispute so that upon appeal, appellant’s principal claim is that he was entitled to an acquittal by reason of insanity.

At the trial…