OVERHOLSER v. BODDIE

No. 10473.

184 F.2d 240 (1950)

OVERHOLSER v. BODDIE.

United States Court of Appeals District of Columbia Circuit.

Decided July 10, 1950.


Attorney(s) appearing for the Case

Mr. Joseph M. Howard, Asst. U. S. Atty., with whom Mr. George Morris Fay, U. S. Atty., was on the brief, for appellant.

Mr. P. Bateman Ennis, Washington, D. C., for appellee.

Before STEPHENS, Chief Judge, and EDGERTON, CLARK, WILBUR K. MILLER, PRETTYMAN, PROCTOR, BAZELON, FAHY, and WASHINGTON, Circuit Judges.


WILBUR K. MILLER, Circuit Judge.

This appeal presents an important question as to the power of the trial judge in habeas corpus cases. It is whether the statute which established a Commission on Mental Health for the District of Columbia made the traditional use of the writ no longer available to persons committed and confined for insanity who have recovered their reason.

Five years ago this court answered that question by holding in a series of three decisions...

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