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O'BEIRNE v. OVERHOLSER

No. 15634.

287 F.2d 133 (1960)

Herbert T. O'BEIRNE, Appellant, v. Winfred OVERHOLSER, Superintendent, St. Elizabeths Hospital, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 23, 1960.

Attorney(s) appearing for the Case

Mr. Samuel B. Sterrett, Washington, D. C. (appointed by this court), 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 FAHY, WASHINGTON and BURGER, Circuit Judges.

WASHINGTON, Circuit Judge.

This is a habeas corpus case. Appellant seeks release from custody at St. Elizabeths Hospital, to which he was committed by the Municipal Court of the District of Columbia, after having been charged with petit larceny and found not guilty by reason of insanity. Appellant's primary contention here is that Section 24-301 of the D.C.Code (Supp. VIII, 1960), under which he was committed, is unconstitutional...

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