(dissenting).
I concur in Part I of the opinion of Judge Prettyman.
I also concur in that portion of Part II of his opinion which concludes it is error for the trial judge, in advising the jury of the consequence of an acquittal by reason of insanity, to submit to the jury the question of probable release of the accused at some future date or to submit evidence to them on that point. But I think the error in the present case in this respect was not harmless and is ground for reversal.
As to Part III I think the record of the United States Hospital for Defective Delinquents, indicating appellant was suffering from schizophrenia when confined there some years before the alleged crime, was sufficiently trustworthy in the circumstances of this case to be admissible on the defense of insanity. See United States v. Balance, 61 App.D.C. 226, 59 F.2d 1040. I so conclude even though the record be not considered a “record of any act, transaction, occurrence, or event,” within the meaning of the Federal Business Records Act, 28 U.S.C. § 1732 (1952). It appears to have been made as a matter of routine by disinterested Government doctors. It follows that in my view New York Life Ins. Co. v. Taylor, 79 U.S.App.D.C. 66, 147 F.2d 297, does not control.
As to Part IY I dissent. As to this aspect of the case I agree with the analysis and conclusion of Judge Bazelon’s dissent.