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Joe Henry HODGES, Appellant, v. UNITED STATES of America, Appellee.

PER CURIAM:

The judgment of the district court is reversed and the case is remanded for a new trial in light of Blake v. United States 5 Cir., 1969, 407 F.2d 908 (En Banc). The Blake definition of insanity was given prospective application only except as to cases on appeal on the date Blake was rendered, February 12, 1969. This reference was to cases on direct appeal and this case falls into that category.

Reversed and remanded.

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HODGES v. UNITED STATES
(Apr 28, 1969)