Bradley v. United States, 13431.
Decision Date | 20 September 1957 |
Docket Number | No. 13431.,13431. |
Parties | Isaiah BRADLEY, Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — District of Columbia Circuit |
Mr. Albert J. Ahern, Jr., Washington, D. C., with whom Mr. James J. Laughlin, Washington, D. C., was on the brief, for appellant.
Mr. Donald E. Bilger, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Lewis Carroll, and Arthur J. McLaughlin, Asst. U. S. Attys., were on the brief, for appellee.
Before BAZELON, DANAHER and BURGER, Circuit Judges.
Petition for Rehearing In Banc Denied December 20, 1957.
Appellant was indicted for robbery, alleged to have occurred on or about December 3, 1954. Upon arraignment on April 1, 1955, a plea of not guilty was entered. On July 1, 1955, it was determined judicially that appellant was not competent to stand trial, whereupon he was committed to St. Elizabeth's Hospital. On May 3, 1956, it was certified that he was then competent to stand trial. Trial commenced on June 5, 1956, and the jury, rejecting a defense based upon insanity at the time of the robbery, returned a verdict of guilty. His appeal charges that the trial judge erred in refusing to direct a verdict of not guilty by reason of insanity, and, despite the absence of a request, in failing to instruct the jury on the legal meaning of "causal connection" between the state of mind of the appellant and the robbery itself.
A psychiatrist testified that he examined the appellant on May 27, 1955, June 13, 1955, and June 27, 1955. He then concluded that appellant was suffering from dementia praecox paranoid type, and that this condition had existed for a period of two to three years which would have included the date of December 3, 1954. He based his opinion upon a history of delusions and hallucinations, as narrated to him by the appellant. On cross examination the witness explained that Asked specifically whether or not the crime of robbery, as charged, was a product of the mental disease he answered, The witness had made no check until the day of trial to ascertain with what crime the appellant had been charged. The same doctor explained that "An unlawful act which is committed by a psychotic person is not necessarily a product of his mental condition."
The trial judge asked: "As I understand the question * * * you have been unable to state that the robbery with which this man is charged is a product of such condition as you found him to have?"
The witness: He added that such was his opinion because the psychosis was far advanced.
Further questioning developed the answer:
The witness had no information concerning symptoms except as the appellant told him about them. He made no check through any other sources, and "my conclusions were based only upon what I found during my examination."
The doctor testified that even if he had checked with the man's family and found that he had a work record from 1950 until the time of the examination, his opinion would not be affected for "many psychotic persons have a very good work record."
Testimony was offered by the appellant's wife and by his brother-in-law concerning abnormal conduct of the appellant, but it was brought out through appellant's wife that from the time of the marriage in 1950, appellant had been steadily employed as a roofer and an electrical worker. Two police officers testified that they observed no abnormality in the speech or the conduct of the appellant.
A woman clerk at Aristo Cleaners detailed events at the time of the robbery. She testified that just prior to her closing the store at 7:30 P.M. on December 3, 1954, the appellant entered. She continued:
The jury might readily conclude, upon all of the evidence, that the accused was not insane at the time of the crime. "The conflict was submitted to the jury under instructions which in this regard are not questioned, and which included one that the burden was on the Government to prove beyond a reasonable doubt that the appellant was of sound mind at the time of the killing."1
The charge contemplated by the Durham case2 does not change the functions of the judge and jury in criminal cases where "insanity" is relied upon as a defense. The Durham rule does not alter the law governing the direction of verdicts by the court. To remove a case from the jury's consideration, the judge must be able to say that reasonable men must necessarily possess a reasonable doubt as to the defendant's sanity,3 i.e., that they could not reasonably reach any conclusion except that the prosecution has failed to sustain its burden of proving beyond reasonable doubt that the accused "was capable in law of committing crime."4 If, upon all the evidence, such is the posture of the case, the accused is entitled to an acquittal of the specific crime charged.5 Conversely, the case must go to the jury if the prosecution has shown (1) that no mental disease or defect exists, or (2) that the act was not the product of an existing mental disease or defect.6
Considering the testimony of the lay witnesses and the qualified if not equivocal nature of the psychiatric testimony, and allowing proper play to the right of the jury to draw justifiable inferences therefrom, we believe the jury could properly have concluded beyond a reasonable doubt that the act was not the product of an existing mental derangement. We need go no farther. The fact that a jury might have found the existence of such a doubt does not justify the court's directing an acquittal by reason of insanity. The issue here was properly left for the jury's determination, and we cannot say its conclusion was not a permissible choice in light of all the evidence.
As to the remaining ground upon which this appeal was based, the trial judge instructed in pertinent part:
Apart from a lack of conviction that the trial judge erred, we find it unnecessary so to decide. Not only had there been no special requests to charge in a particular way, no exception was taken to the charge as given. Indeed, when counsel was asked if there was anything to add he replied "I am satisfied, your Honor."7
One of our colleagues asked that supplemental memoranda be submitted by respective counsel as to a matter not raised on appeal. The trial judge asked the psychiatrist his opinion as to the appellant's mental condition on the day of the trial. The answer was "I believe he is of sound mind."
There has been some suggestion that it was improper under 18 U.S.C. § 4244 for the...
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