It seems no mental weakness had been noticed in the army. It had been observed, however, that after seeing the first corpses he was deeply impressed and did not want to see any more. On examination in the hospital he gave the impression of indifference and low spirits. He had to be urged to eat and work. No great amount of intelligence defect could be determined, though his knowledge and capacity were below the average. The physician examining him thought his depression was either caused by or increased by his imprisonment; but this examiner thought that the protection of Section 51 did not extend to the patient at the time of his desertion. The examiner thought that an examination by a psychiatrist was not necessary, though both judge and prosecutor urged it. When examined in the clinic, he seemed to be disoriented for time. He claimed to have been able to stand the shooting and the sight of the corpses. After becoming unconscious, he had wakened and eaten cucumbers and carrots in the fields, wandering on for a period of three or four weeks, until he came to a place where he had formerly worked. The reason he had thrown away his uniform was because Russians had been about. He had not known that it was his duty to report to the army again. It was found that the patient’s father was poorly developed as to mind, that his brother was subject to periodic mental disturbance so that he had to be watched. It was found also that K. himself had had a similar mental disturbance, lasting a week, two years before. Moreover he was not considered mentally right in his home town. In fact, no one there wondered really at his desertion because he was so stupid. His school work had been poor and limited. He himself said that his people were of sound mind; that during school days he had felt bad in his head, once running into the woods after being told something. He was able to give the names of his former superiors. His calculations were only partly correct. He was poor at reasoning and at simple distinctions; for example, asked the difference between a bird and a butterfly, he replied that a butterfly was a bird too. He did not know the difference between a river and a lake. He thought Russia, England, and Austria were the enemies of Germany. He sat about or lay on the floor, motionless and indifferent, with a newspaper stuffed into his trousers, unoccupied although saying that he wanted to work, and even allowing his fingers to be burned by cigarettes he was smoking. He was tried once more and the first medical expert still adhered to his former opinion, pointing out that K. was a rifleman and that _only an intelligent man could be a rifleman_. The court, however, accepted Kastan’s opinion and granted K. the protection of Section 51.