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OVERHOLSER v. LEACH

No. 14480.

257 F.2d 667 (1958)

Winfred OVERHOLSER, Superintendent, St. Elizabeths Hospital, Appellant, v. John D. LEACH, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 10, 1958.

Petition for Rehearing Denied September 12, 1958.

Attorney(s) appearing for the Case

Mr. John W. Warner, Jr., Asst. U. S. Atty., for appellant. Messrs. Oliver Gasch, U. S. Atty., Edward P. Troxell, Principal Asst. U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., also entered appearances for appellant.

Mr. Hugh J. McGee, Washington, D. C., for appellee.

Before EDGERTON, Chief Judge, and WASHINGTON and BURGER, Circuit Judges.

Petition for Rehearing In Banc Denied September 12, 1958.

WASHINGTON, Circuit Judge.

This case deals with the standards to be applied when a person — in this case the appellee Leach — has been accused of crime, has been found not guilty by reason of insanity, and subsequently seeks release from the mental institution to which he was committed after his criminal trial. The issue was raised here in a habeas corpus proceeding brought by Leach against...

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