UNITED STATES v. DAY

No. 370.

33 F.2d 267 (1929)

UNITED STATES ex rel. POWLOWEC v. DAY, Commissioner of Immigration.

Circuit Court of Appeals, Second Circuit.

June 10, 1929.


Attorney(s) appearing for the Case

James C. Thomas, of New York City, for the appellant.

Charles H. Tuttle, U. S. Atty., of New York City (Leon E. Spencer, Asst. U. S. Atty., of New York City, of counsel), for the appellee.

Before MANTON, L. HAND, and CHASE, Circuit Judges.


L. HAND, Circuit Judge (after stating the facts as above).

This unhappy man has, so far as we can see, been long detained over nothing more than a form of words. There is no doubt that at one time he was actively deranged and that from this he has recovered. The question is whether there is any evidence that shows him to have a mental makeup which falls within the phrase used in the statute. That was intended to include those who by nature were subject to insanity...

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