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OVERHOLSER v. RUSSELL

No. 15536.

283 F.2d 195 (1960)

Winfred OVERHOLSER, Superintendent, St. Elizabeths Hospital, Appellant, v. Robert Stanley RUSSELL, Appellee.

United States Court of Appeals District of Columbia Circuit.

Petition for Rehearing Denied September 19, 1960.

Attorney(s) appearing for the Case

Mr. Harry T. Alexander, Asst. U. S. Atty., for appellant. Messrs. Oliver Gasch, 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. Mr. Leonard L. Leimbach, Washington, D. C., also entered an appearance for appellee.

Before WILBUR K. MILLER, BAZELON and BASTIAN, Circuit Judges.

Petition for Rehearing En Banc Denied September 19, 1960.

PER CURIAM.

In October, 1958, Robert Stanley Russell was committed to St. Elizabeths Hospital, a mental institution, under § 24-301(d), D.C.Code (1951, as amended August 9, 1955), after a jury before which he was tried on two criminal charges had found him not guilty by reason of insanity.

By a petition for a writ of habeas corpus filed January 12, 1960, he sought to establish his eligibility...

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