United States of America, Plaintiff-appellee, v. Brendon John Scott, Defendant-appellant, 405 F.2d 495 (9th Cir. 1969)

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U.S. Court of Appeals for the Ninth Circuit - 405 F.2d 495 (9th Cir. 1969) December 6, 1968
Rehearing Denied January 3, 1969
Certiorari Denied April 21, 1969
See 89 S. Ct. 1482

Edward C. Rapp, Phoenix, Ariz., for appellant.

Daniel R. Salcito (argued) Asst. U. S. Atty., Edward E. Davis, U. S. Atty., Phoenix, Ariz., for appellee.

Before MERRILL and BROWNING, Circuit Judges, and STEPHENS, District Judge.* 

PER CURIAM:


The reliability of the psychiatric testimony (that appellant was suffering from a chronic brain syndrome and that as a consequence he was unable to distinguish right from wrong at the time of the commission of the offense) was severely brought in question. There was ample justification for the court's apparent rejection of it. (Trial was before the court without jury and without request for specific findings.) Buatte v. United States, 330 F.2d 342, (9th Cir. 1964), is thus distinguishable.

Judgment affirmed.

 *

Honorable ALBERT LEE STEPHENS, Jr., United States District Judge for the Central District of California, sitting by designation