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KELLEY v. UNITED STATES

No. 12025.

221 F.2d 822 (1954)

Stephen S. KELLEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 24, 1954.

Attorney(s) appearing for the Case

Mr. Bennett Boskey, Washington, D. C. (appointed by this Court), for appellant.

Mr. Lewis Carroll, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., and Edward P. Troxell and Gerard J. O'Brien, Asst. U. S. Attys., were on the brief, for appellee. Mr. Harold H. Greene, Asst. U. S. Atty., also entered an appearance for appellee.

Before EDGERTON, WILBUR K. MILLER and FAHY, Circuit Judges.

FAHY, Circuit Judge.

June 3, 1952, there was filed in the District Court an indictment against the appellant Stephen S. Kelley and another, charging robbery in violation of § 22-2901, D.C.Code (1951). Kelley pled not guilty. July 18, 1952, the United States moved in the District Court for a hearing pursuant to 18 U.S.C. § 4244 (1952), as to the mental competency of Kelley to stand trial. By reason of the terms of this statute, the pertinent parts of which...

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