Wright v. United States

WILBUR K. MILLER, Circuit Judge.

Eddie E. Wright, indicted for assault with intent to kill, was convicted of the included lesser offense of assault with a dangerous weapon. He appeals from the judgment and from the order denying his motion for a new trial. The sole ground urged for reversal is that the question whether he was insane when he shot and wounded his victim should have been, and was not, submitted to the jury.

The contention makes it necessary to examine the evidence somewhat in detail because, as this court said in the Tatum case, 1 upon which Wright relies,

“ * * * [T]he function of…