Court of Appeals for the Ninth Circuit May 22, 1968, 21385 (Bernard Henry Oliver, Jr. v. United States)

BARNES, Circuit Judge:

The principal issue presented on appeal is whether the district court erred in defining insanity in terms of the

M’Naghten

rule as extended by the so-called irresistible impulse rule. In so acting the district court was following the holding of this court in Sauer v. United States, 241 F.2d 640 (9th Cir. 1957), cert. denied, 354 U.S. 940, 77 S.Ct. 1405, 1 L.Ed.2d 1539. Cf.