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GUNTHER v. UNITED STATES

No. 11970.

215 F.2d 493 (1954)

GUNTHER v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided July 1, 1954.

Attorney(s) appearing for the Case

Mr. Godfrey L. Munter, Washington, D. C., appointed by this Court, for appellant.

Mr. Gerard J. O'Brien, Jr., Asst. U. S. Atty., Washington, D. C., with whom Messrs. Leo A. Rover, U. S. Atty., and Lewis A. Carroll, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee. Mr. William J. Peck, Asst. U. S. Atty., Washington, D. C., at time record was filed, entered an appearance for appellee.

Before PRETTYMAN, BAZELON and DANAHER, Circuit Judges.

BAZELON, Circuit Judge.

Appellant was indicted for rape and entered a plea of not guilty. Before trial was begun, proceedings were instituted upon motion of the United States Attorney for a "judicial determination of [the] mental competency" of appellant pursuant to 18 U.S.C. § 4244.1 Following the psychiatric examination required by this section, two psychiatrists reported that appellant was of unsound mind, suffering from dementia...

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