Joe Henry Hodges, Appellant, v. United States of America, Appellee, 409 F.2d 845 (5th Cir. 1969)Annotate this Case
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.