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WELLS v. UNITED STATES

No. 12901.

239 F.2d 931 (1956)

Robert Lee WELLS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 8, 1956.

Attorney(s) appearing for the Case

Mr. John A. Shorter, Jr., Washington, D. C., with whom Mr. Perry W. Howard, Washington, D. C., was on the brief, for appellant.

Mr. Lewis Carroll, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., at the time brief was filed, William S. McKinley, E. Riley Casey and E. Tillman Stirling, Asst. U. S. Attys., were on the brief, for appellee.

Before EDGERTON, Chief Judge, and PRETTYMAN, WILBUR K. MILLER, BAZELON, FAHY, WASHINGTON, DANAHER, BASTIAN and BURGER, Circuit Judges, sitting en banc.

PER CURIAM.

Appellant was tried and convicted for rape in January 1952 without any question being raised as to his mental competency to stand trial or as to his sanity at the time of the offense. Two weeks later, when appellant appeared for sentencing, the judge expressed doubt of his competency and ordered a psychiatric examination. The psychiatrists found him to be suffering from "undifferentiated psychosis with schizophrenic...

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