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

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US Court of Appeals for the Fifth Circuit - 409 F.2d 845 (5th Cir. 1969) 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.

PER CURIAM:


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.