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FOLLER v. OVERHOLSER

No. 16130.

292 F.2d 732 (1961)

Joseph L. FOLLER, Appellant v. Winfred OVERHOLSER, Superintendent, Saint Elizabeths Hospital, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 4, 1961.

Attorney(s) appearing for the Case

Mr. Charles W. Halleck, Washington, D. C. (appointed by the District Court), for appellant.

Mr. Frank Q. Nebeker, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., at the time of argument, and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee. Mr. Donald S. Smith, Asst. U. S. Atty., also entered an appearance for appellee.

Before PRETTYMAN, WASHINGTON and BASTIAN, Circuit Judges.

BASTIAN, Circuit Judge.

This is an appeal from a final order of the United States District Court discharging a writ of habeas corpus and dismissing the petition for the writ. The facts may be stated briefly as follows:

On July 27, 1955, appellant was committed to St. Elizabeths Hospital after a jury had found him not guilty by reason of insanity. The charge was assault with a dangerous weapon and assault with intent to kill [his sleeping father].

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