Stewart v. United States

BAZELON, Circuit Judge.

Appellant was sentenced to death upon conviction of • first degree murder committed in robbing a grocery store. 1 His defenses at the trial were (1) that at the time of the killing he was not in the store, and (2) that he was insane. 2 There is not the slightest doubt from the evidence, however, that he committed the offense. The only -substantial ground urged for reversal on this appeal relates to the court’s instructions to the jury on the defense of insanity. 3

Considerable testimony was offered relating to that defense. Appellant’s family and acquaintances testified…