MALONE v. OVERHOLZER

No. 3703.

93 F.Supp. 647 (1950)

MALONE v. OVERHOLZER.

United States District Court District of Columbia.

October 26, 1950.


Attorney(s) appearing for the Case

Herbert D. Horowitz, of Washington, D. C., for petitioner.

George Morris Fay, U. S. Atty., and Thomas A. Wadden, Asst. U. S. Atty., Washington, D. C., for respondent.


HOLTZOFF, District Judge.

This is a writ of habeas corpus to review the commitment of the petitioner to St. Elizabeth's Hospital for the Insane under a statute known as the Miller Act, Act of June 9, 1948, D.C.Code 1940, Section 3503(1) of Title 22. The petitioner attacks the constitutionality of the Act.

Title II of the Act which is involved in this case defines the term "sexual psychopath" as "* * * a person, not insane, who by a course of repeated misconduct...

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