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OVERHOLSER v. O'BEIRNE

No. 16352.

302 F.2d 852 (1962)

Winfred OVERHOLSER, Appellant v. Herbert T. O'BEIRNE, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 19, 1961.

Petition for Rehearing Denied June 8, 1962.

Attorney(s) appearing for the Case

Mr. Harry T. Alexander, Asst. U. S. Atty., at the time of argument, with whom Messrs. David C. Acheson, U. S. Atty., and Charles T. Duncan, Asst. U. S. Atty., were on the brief, for appellant. Mr. Carl W. Belcher, Asst. U. S. Atty., at the time the record was filed, and Mr. Nathan J. Paulson, Asst. U. S. Atty., also entered appearances for appellant.

Mr. Alan Kay, Arlington, Va. (appointed by the District Court), for appellee.

Before EDGERTON, DANAHER and BURGER, Circuit Judges.

Petition for Rehearing En Banc Denied En Banc June 8, 1962.

BURGER, Circuit Judge.

This is an appeal by Dr. Winfred Overholser, Superintendent of St. Elizabeths Hospital, Washington, D. C., from an order in a habeas corpus proceeding directing release of Herbert T. O'Beirne, who had been committed to his custody under § 24-301, D.C.Code, following a verdict of not guilty by reason of insanity on a larceny charge...

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