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Criminal Procedure Keyed to Ohlin
Burks v. United States
Citation:437 U.S. 1 (1978)
Petitioner Burks was tried in the United States District Court for the crime of robbing a federally insured bank by use of a dangerous weapon, a violation of the federal statute. Burks’ principal defense was insanity. Before the case was submitted to the jury, the court denied a motion for a judgment of acquittal. The jury found Burks guilty as charged. Thereafter, he filed a timely motion for a new trial, maintaining that the evidence was insufficient to support the verdict. The motion was denied by the District court. On appeal, the Court of Appeals agreed with petitioner’s claim that the evidence was insufficient to support the verdict and reversed his conviction. At this point, the Court of Appeals remanded to the District Court for a determination of whether a directed verdict of acquittal should be entered or a new trial ordered.
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