Ernest McDonald v. United States

BASTIAN, Circuit Judge

(concurring). I concur, except that I adhere to the view stated in my opinion in Lyles v. United States, 103 U.S.App.D.C. 22, at 29, 254 F.2d 725, at 732 (1957), cert. denied, 356 U.S. 1961, 78 S.Ct. 997, 2 L.Ed.2d 1067 (1958), that the trial court should not be obliged to give, in its charge, a statement as to the effect of a verdict of not guilty by reason of insanity.

I believe Parts I and II of the majority opinion are correct and will do much to relieve the natural uncertainty in the minds of the District Court as to the insanity question.