Marmion Pollard v. United States

SIMONS, Senior Judge

(dissenting).

I greatly regret my inability to concur in the able, and thoroughly researched opinion of the Chief Judge reversing the conviction in the above case. I follow the fact findings of the District Judge (D.C., 171 F.Supp. 474) and agree that they substantially sustain his conclusion that the Appellant was sane when he committed the crimes charged. Particularly am I unable to entertain the concept that the Appellant wished to be apprehended, while at the same time, yielding to an irresistible impulse to commit the crimes, and to escape detection and apprehension. I would sustain the conviction.