UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
THOMAS CARLTON BLECKLEY, DEFENDANT-APPELLANT
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The court held that the jury was entitled to weigh conflicting evidence regarding the defendant's sanity and was not bound by expert testimony.
The defendant was convicted of forcibly assaulting a U.S. Deputy Game Warden with a rifle. The defendant's sole defense on appeal was insanity.…
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PER CURIAM:
This is an appeal from a judgment of conviction entered on a jury verdict that Bleckley wilfully and by means and use of a dangerous weapon, a 30-30 rifle, forcibly assaulted a United States Deputy Game Warden who was engaged in the performance of his official duties, in violation of 18 U.S.C.A. § 111.
Bleckley’s sole point on appeal is that the Government failed to prove his sanity beyond a reasonable doubt and that he was entitled to a directed verdict of acquittal.
Bleckley’s defense of insanity at the time of the offense was properly submitted to the jury on conflicting evidence under a correct charge conforming to the standards of Blake v. United States, 5 Cir. 1969, 407 F. 2d 908.
“As we said in Blake ‘the evidence could go either way.’ Here the jury found that it went against the defendant. The jury need not be bound by defendant’s expert testimony, especially since there are ‘material variations between the experts themselves * * *.’ Mims v. United States, 5 Cir., 1967, 375 F. 2d 135, 143. It was for the jury, not the Court.” United States v. O’Neal, 5 Cir. 1970, 431 F. 2d 695, cert. denied, 401 U.S. 917, 91 S.Ct. 898, 27 L.Ed.2d 818.
Affirmed.
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Cited By
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United States v. Bass, 490 F.2d 846 (5th Cir. 1974)
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United States v. Wright, 392 F.3d 1269 (11th Cir. 2004)
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Blake v. United States, 407 F.2d 908 (5th Cir. 1969)
- Mims v. United States, 375 F.2d 135 (5th Cir. 1967)
- Vaughn v. Mancusi, 401 U.S. 917 (U.S. 1971)
- Ward v. California, 401 U.S. 917 (U.S. 1971)
- Croci v. The City Bank & Tr. Co., 431 F.2d 695 (4th Cir. 1970)
- The United States v. O'Neal, 431 F.2d 695 (5th Cir. 1970)