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FIELDING v. OVERHOLSER

No. 14989.

268 F.2d 898 (1959)

Jimmie FIELDING, Appellant, v. Winfred OVERHOLSER, Superintendent, St. Elizabeths Hospital, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 30, 1959.

Attorney(s) appearing for the Case

Mr. John W. Brennan, Washington, D. C., for appellant. Mr. Sutherland G. Taylor, Washington, D. C., also entered an appearance for appellant.

Mr. Harry T. Alexander, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee.

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

PER CURIAM.

Consequent upon our opinion in Fielding v. United States, 1957, 102 U.S.App. D.C. 167, 251 F.2d 878, a judgment of acquittal by reason of insanity was entered and Fielding was committed to St. Elizabeths Hospital. His petition for a writ of habeas corpus brought pursuant to D.C.Code § 24-301 (Supp. VII, 1959) failed to allege that petitioner "will not in the reasonable future be dangerous to himself or others." The...

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