Albert Lloyd v. United States

FAHY, Circuit Judge

(dissenting):

The intervention of the trial judge in the examination of the witnesses was so excessive and indicated so unfavorable an attitude toward the defense of insanity, as to which the evidence was in substantial conflict, that I would reverse and remand for a new trial, as this court did for similar reasons in Jackson v. United States, 117 U.S.App.D.C. 325, 329 F.2d 893 (1964).

Before Bazelon, Chief Judge, and Fahy, Washington, Danahek, Bastían, Burger, Wright, and McGowan, Circuit Judges, in Chambers.*

Order

PER CURIAM.

On consideration of appellant’s petition for rehearing en banc, it is

Ordered by the Courts, en banc, that appellant’s petition is denied.

Bazelon, Chief Judge, an'd Fahy, Washington and Wright, Circuit Judges, would grant the petition for rehearing en banc.

Senior Circuit Judge Wilbur K. Miller, prior to his retirement on October 15, 1964, voted to deny the appellant’s petition for rehearing en banc.