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CASSEL v. OVERHOLSER

No. 9164.

169 F.2d 683 (1948)

CASSEL v. OVERHOLSER, Superintendent, St. Elizabeths Hospital.

United States Court of Appeals District of Columbia.

Decided July 19, 1948.

Attorney(s) appearing for the Case

Mr. Charles E. Ford, of Washington, D. C. (appointed by this court), for appellant.

Submitted by Mr. Ross O'Donoghue, Assistant United States Attorney, of Washington, D. C., for appellee. Messrs. Edward M. Curran, United States Attorney at the time the record was filed, John P. Burke, Assistant United States Attorney, and Sidney S. Sachs, Assistant United States Attorney, all of Washington, D. C., also entered appearances for appellee.

Before EDGERTON, CLARK, and PROCTOR, Associate Justices.

PER CURIAM.

Frank Cassel, appellant, an inmate of St. Elizabeths Hospital, sought release by habeas corpus. The superintendent of the hospital responded to the writ. In making his return he certified that Cassel was held in confinement upon a commitment to the hospital in consequence of an adjudication of insanity. He also reported certain conduct upon which he and his staff based the conclusion that Cassel was still insane and dangerous. These statements were made...

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