DUKES, ALIAS WELCH,
v.
ILLINOIS

U.S. | 1961-02-27
No. 632
365 U.S. 830 Supreme Court of the United States (1961) Positive Treatment
Cited by 6 cases

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  • Pope v. United States, 372 F.2d 710 (8th Cir. 1967)
    …Dr. Smith’s testimony. So far as counsel and we have been able to ascertain, there is no federal case precisely in point in this area. We note, however, that in the habeas corpus case of Early v. Tinsley, 286 F. 2d 1, 3 (10 Cir. 1960), cert. denied 365 U.S. 830, 81 S.Ct. 717, 5 L.Ed.2d 708, it was held that a pre-arraignment psychiatric examination by a state “did not work a denial of due process or amount to self-incrimination”. See, also, Fouquette v. Bernard, 198 F. 2d 860, 861 (9 Cir. 1952). It is tru…
  • Birdsell v. United States, 346 F.2d 775 (5th Cir. 1965)
    …963). Cf. Coffman v. United States, 290 F. 2d 212 (10 Cir. 1961). See also Fouquette v. Bernard, 198 F. 2d 860 (9 Cir. 1952), cert. denied, 345 U.S. 912, 73 S.Ct. 652, 97 L.Ed. 1346 (1953); Early v. Tinsley, 286 F. 2d 1 (10 Cir. 1960), cert. denied, 365 U.S. 830, 81 S.Ct. 717, 5 L.Ed.2d 708 (1961); 8 Wigmore, Evidence § 2265(10), at 399 & fn. 12 (McNaughton rev. 1961). (3) Birdsell’s argument that the Government failed to meet its burden on the issue of insanity is largely answered by our summary of the ev…
  • Davis v. Greer, 675 F.2d 141 (7th Cir. 1982)
    …inois law a voluntary manslaughter instruction must be given if there is any evidence in the record supporting the charge. People v. Handley, 51 Ill.2d 229, 282 N.E. 2d 131 (1972); People v. Dukes, 19 Ill.2d 532, 169 N.E. 2d 84 (1960), cert. denied, 365 U.S. 830, 81 S.Ct. 716, 5 L.Ed.2d 707 (1961).2 We agree with the district court that Davis failed to introduce evidence to support such a charge. Therefore, the trial court did not err in refusing to give the tendered instruction. The voluntary manslaughter…

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