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Hodges v. United States

United States Court of Appeals, Fifth Circuit
Apr 28, 1969
409 F.2d 845 (5th Cir. 1969)

Opinion

No. 26210.

April 28, 1969.

Appeal from the United States District Court for the Southern District of Texas.

Dennis G. Brewer, Irving, Tex., for appellant.

Anthony J.P. Farris, U.S. Atty., George R. Pain, James R. Gough, Donald L. Stone, Asst. U.S. Attys., Houston, Tex., for appellee.

Before BELL and THORNBERRY, Circuit Judges, and CHOATE, District Judge.


The judgment of the district court is reversed and the case is remanded for a new trial in light of Blake v. United States 5 Cir., 1969, 407 F.2d 908 (En Banc). The Blake definition of insanity was given prospective application only except as to cases on appeal on the date Blake was rendered, February 12, 1969. This reference was to cases on direct appeal and this case falls into that category.

Reversed and remanded.


Summaries of

Hodges v. United States

United States Court of Appeals, Fifth Circuit
Apr 28, 1969
409 F.2d 845 (5th Cir. 1969)
Case details for

Hodges v. United States

Case Details

Full title:Joe Henry HODGES, Appellant, v. UNITED STATES of America, Appellee

Court:United States Court of Appeals, Fifth Circuit

Date published: Apr 28, 1969

Citations

409 F.2d 845 (5th Cir. 1969)

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