SMITH v. UNITED STATES

No. 14599.

270 F.2d 921 (1959)

Norman E. SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 7, 1959.


Attorney(s) appearing for the Case

Mr. Burke Marshall, Washington, D. C. (appointed by this court) for appellant.

Mr. Carl W. Belcher, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Nathan J. Paulson, Asst. U. S. Atty., were on the brief, for appellee.

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


PER CURIAM.

The action of the District Court in refusing to entertain the motion filed February 25, 1958, is reversed and the case is remanded for hearing and further proceedings on that motion under Title 28 U.S.C. § 2255, on the issue of appellant's competency at the time of his trial.

Circuit Judge FAHY files an opinion, in which Circuit Judges EDGERTON, BAZELON and WASHINGTON join, concurring in the judgment of the court.

Circuit Judge DANAHER...

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