KRUPNICK v. UNITED STATES

No. 15957.

264 F.2d 213 (1959)

Gene A. KRUPNICK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

March 5, 1959.


Attorney(s) appearing for the Case

Lewis C. Green, St. Louis, Mo. (appointed by the Court) for appellant.

Horace Warren Kimbrell, Asst. U. S. Atty., Kansas City, Mo. (Edward L. Scheufler, U. S. Atty., Kansas City, Mo., on the brief), for appellee.

Before JOHNSEN, VOGEL and MATTHES, Circuit Judges.


JOHNSEN, Circuit Judge.

Appellant sought to have his sentence vacated, under 28 U.S.C.A. § 2255, claiming that he was mentally incapable at the time of his conviction of intelligently cooperating in his defense, and that the court had improperly refused to have an examination and report made of his condition by a qualified psychiatrist, under 18 U.S.C.A. § 4244.

The trial court denied the motion to vacate, without a hearing, on the ground that the...

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