# United States v. Raymond Charles Shapiro

> Court of Appeals for the Seventh Circuit · August 24, 1967 · 383 F.2d 680

URL: https://www.frixlaw.com/law-library/cases/9453025

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Raymond Charles SHAPIRO, Defendant-Appellant
- **Court:** Court of Appeals for the Seventh Circuit
- **Decided:** August 24, 1967
- **Citations:** 383 F.2d 680; 1967 U.S. App. LEXIS 5264
- **Precedential status:** Published
- **Opinion:** Dissent by Knoch
- **Judges:** Hastings, Duffy, Schnackenberg, Knoch, Castle, Kiley, Swygert, Fairchild, Cummings
- **Cited by:** 82 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9453025

## Opinion text

KNOCH, Circuit Judge
(dissenting in part).
I join in Judge Duffy’s opinion with the following proviso. If we are to recommend an instruction for the future I would prefer to use the LaBuy instruction from § 5.03 of the Manual on Jury Instructions — Criminal with two small changes as shown below. The added word is in brackets. The omitted words are lined out.
The defendant has interposed insanity as a defense. The law presumes that a defendant is sane. This presumption is rebuttable. Where a defendant introduces some evidence that he had a mental disease or defect at the time of the commission of the crime charged, the prosecution must establish beyond a reasonable doubt that defendant did not have a mental disease, or that despite the mental disease he had the capacity either to know the criminality of his conduct, er [and] to conform his conduct to the requirements of the law.
I would make this a recommendation only. I would not like to see any ironclad rule imposed on District Judges with the disastrous result that minor semantic variations which do not change the basic meaning would result in reversals.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9453025. Public record. Not legal advice.