United States v. Robert Spencer Bodey

This is an appeal by Robert Spencer Bodey from a conviction for armed robbery of a national bank in violation of 18 U.S.C. § 2113 (a) and (d). A trial was held in the Western District of Washington October 16-21, 1975, which resulted in a hung jury. On November 10, 1975, defendant moved for a competency examination pursuant to 18 U.S.C. § 4244 . On November 13th defendant was sent to the Medical Center for Federal Prisoners at Springfield, Missouri, where a competency examination was conducted and the defendant was found competent to stand trial. Defendant was returned from Springfield on December 1, 1975, and a second trial was held December 15-18,1975. The jury returned a verdict of guilty. Bodey was committed to the custody of the Attorney General of the United States and is again at the Medical Center in Springfield.

On appeal, Bodey raises three issues:

We will consider each of these issues separately.

I.

The Motion for Acquittal

Bodey’s defense at both trials was insanity. The jury at the second trial, as above noted, did not find him insane.

Bodey urges particularly that at the first trial the government did not overcome the testimony of the two psychiatric…