Monte W. Durham v. United States

BAZELON, Circuit Judge.

On Durham’s former appeal, we reversed his conviction of housebreaking and remanded the case for a new trial because the trial court had erroneously applied “existing rules governing the burden of proof on the defense of insanity * * 1 In addition, we announced a new test of criminal responsibility. Upon re-trial, Durham has again been convicted. 2 We must again reverse and remand for a new trial because of fatally defective instructions to the jury.

The judge told the jury that the Acting Superintendent of St. Elizabeths Hospital had advised the court on February 12,…