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KELLEY v. UNITED STATES

No. 12857.

236 F.2d 746 (1956)

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

United States Court of Appeals District of Columbia Circuit.

Decided July 26, 1956.

Attorney(s) appearing for the Case

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

Mr. Carl W. Belcher, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., at the time record was filed, Lewis Carroll and Alfred Hantman, Asst. U. S. Attys., were on the brief, for appellee.

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

FAHY, Circuit Judge.

In Kelley v. United States, 95 U.S.App. D.C. 267, 221 F.2d 822, we reversed appellant's earlier conviction of robbery and remanded the case for a new trial, with opportunity for pre-trial proceedings with respect to the competency of the accused to stand trial. Pursuant to 18 U.S.C. § 4244 (1952) such proceedings were had, resulting in a judicial determination that appellant was competent to stand trial....

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