GIORDANO

v.

ASBURY PARK ET AL.

Citator

Cited By

• Hall v. United States, 295 F.2d 26 (4th Cir. 1961)
  …t and wrong test of criminal responsibility, only slight evidence will suffice to overcome the presumption of sanity and create an issue for the jury. The Fifth Circuit in Lee v. United States, 1937, 91 F. 2d 326, at pages 330-331, certiorari denied 302 U.S. 745, 58 S.Ct. 263, 82 L.Ed. 576, has held that: “While an accused is presumed to be sane, the presumption is rebuttable and only slight evidence to the contrary, admitted in the course of the trial, is sufficient to raise the issue, to be submitted to…
• Balaji Doraiswamy v. Secretary OF Labor, 555 F.2d 832 (D.C. Cir. 1976)
  …63). . Triangle Conduit & Cable Co. v. National Elec. Prods. Corp., 125 F. 2d 1008, 1009-1010 (3d Cir.), cert, denied, 316 U.S. 676, 62 S.Ct. 1046, 86 L.Ed. 1750 (1942). See also Lee v. United States, 91 F. 2d 326, 311-332 (5th Cir.), cert, denied, 302 U.S. 745, 58 S.Ct. 263, 82 L.Ed. 576 (1937). . See note 1 supra. . Pesikoff v. Secretary of Labor, supra note 5. . Acupuncture Center v. Dunlop, supra note 5. . “[T]he section is written so as to set up a presumption that aliens should not be permitted t…
• McINTOSH v. Pescor, 175 F.2d 95 (6th Cir. 1949)
  …ery takes place, or as a merciful dispensation. Nobles v. Georgia, 168 U.S. 398, 407, 18 S.Ct. 87, 42 L.Ed. 515; Phyle v. Duffy, 334 U.S. 431, 438, 443, 68 S.Ct. 1131, 92 L.Ed. 1494; Lee v. United States, 5 Cir., 91 F. 2d 326, 331, certiorari denied 302 U.S. 745, 58 S.Ct. 263, 82 L.Ed. 576; Annotation 49 A.L.R. 804. The question presented is also different from the one presented when insanity at the time of the commission of the alleged offense is relied upon as a defense. In such cases the issue is tried…