Lester Alvin Buatte v. United States

Lester Alvin Buatte appeals from a judgment convicting him of assault with intent to commit murder on the person of Dan Secody, in violation of 18 U.S.C. §§ 1152 and 113(a) (1964). Consideration of the grounds for reversal urged by Buatte requires that we first review prior criminal proceedings involving this defendant.

On April 7,1962, Buatte shot and killed fourteen-year-old Alice Secody in her parents’ tent on the Navajo Indian Reservation in Arizona. At the same time Buatte shot Alice’s brother, Dan, and struck him with a hammer. Dan’s injuries did not prove fatal. On April 17, 1962, Buatte was indicted for the murder of Alice Se-cody. At his jury trial on that charge, in December, 1962, Buatte’s principal defense was insanity. On December 19, 1962, he was convicted, on a jury verdict, of murder in the second degree.

On March 2,1964 another panel of this court reversed, with directions to grant Buatte’s motion for acquittal. This court held that, according to the principle set forth in Davis v. United States, 165 U.S. 373, 378 , 17 S.Ct. 360 , 41 L.Ed. 750 , the Government failed to maintain its burden of proving beyond a reasonable doubt that Buatte was sane in the legal…