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BYRD v. PESCOR

No. 691.

68 F.Supp. 889 (1946)

BYRD v. PESCOR, Warden.

District Court, W. D. Missouri, S. D.

October 17, 1946.

Attorney(s) appearing for the Case

Louren G. Davidson, of Springfield, Mo., for petitioner.

Earl A. Grimes, Asst. U. S. Atty., and Thomas A. Costlow, Asst. U. S. Atty., of office of Sam M. Wear, U. S. Atty., all of Kansas City, Mo., for respondent.

REEVES, District Judge.

The petitioner seeks his relief from a sentence of 5 years in prison imposed on March 1, 1946. The sentence was imposed after his conviction of having made an assault upon a government officer while on government property, namely, the United States Hospital No. 90 at Muskogee, Oklahoma. The petitioner challenges the validity of the conviction on the principal ground of a failure of due process, in this, that he was insane at the time the crime...

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