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STEWART v. OVERHOLSER

No. 10063.

186 F.2d 339 (1950)

STEWART v. OVERHOLSER.

United States Court of Appeals District of Columbia Circuit.

Decided November 9, 1950.

Attorney(s) appearing for the Case

Mr. Mallory R. Smith, Washington, D. C., (appointed by this court) for appellant. Mr. Mac Asbill, Jr., Washington, D. C., also entered an appearance for appellant.

Mr. Joseph F. Goetten, Asst. U. S. Atty., Washington, D. C., with whom Messrs. George Morris Fay, U. S. Atty. and Joseph M. Howard, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee. Messrs. John D. Lane, John J. O'Leary and L. Clark Ewing, Asst. U. S. Attys., all of Washington, D. C., also entered appearances for appellee.

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

FAHY, Circuit Judge.

A petition for a writ of habeas corpus was filed in the District Court by Ray M. Stewart on August 23, 1948, alleging his illegal confinement at St. Elizabeths Hospital in Washington by its Superintendent. The petition states he was confined because of alleged mental incompetency but that "he is of sound mind as he knows right from wrong." He also challenges the validity of his original commitment in 1932. A rule to show cause issued, to which...

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