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RUCKER v. UNITED STATES

No. 15989.

288 F.2d 146 (1961)

Leon C. RUCKER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 9, 1961.

Petition for Rehearing Denied March 9, 1961.

Attorney(s) appearing for the Case

Mr. Raymond N. Shibley, Washington, D. C. (appointed by the District Court), for appellant.

Mr. Daniel J. McTague, 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. Mr. Frank Q. Nebeker, Asst. U. S. Atty., also entered an appearance for appellee.

Before WILBUR K. MILLER, Chief Judge, and WASHINGTON and BURGER, Circuit Judges.

Petition for Rehearing En Banc Denied March 9, 1961.

WASHINGTON, Circuit Judge.

This is a sequel to our decision in Rucker v. United States, 1960, 108 U.S. App.D.C. 75, 280 F.2d 623. We there set aside an order committing Rucker to St. Elizabeths Hospital under D.C. Code, § 24-301 (Supp. VIII, 1960), after the trial court had found him not guilty by reason of insanity of two offenses charged in an indictment. We held...

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