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WHITTAKER v. OVERHOLSER

No. 16481.

299 F.2d 447 (1962)

James A. WHITTAKER, Appellant, v. Winfred OVERHOLSER, Superintendent, St. Elizabeths Hospital, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 25, 1962.

Attorney(s) appearing for the Case

Mr. John Silard, Washington, D. C. (appointed by this court), for appellant.

Mr. David C. Acheson, U. S. Atty., with whom Messrs. Nathan J. Paulson, Oscar Altshuler and Abbott A. Leban, Asst. U. S. Attys., were on the brief, for appellee.

Before WASHINGTON, DANAHER and BURGER, Circuit Judges.

BURGER, Circuit Judge.

The appellant was committed to St. Elizabeths Hospital on October 18, 1960 pursuant to 24 D.C.Code Ann. § 301(d) (Supp. VIII 1960) following an acquittal by reason of insanity. He had been charged with carnal knowledge and assault. In April 1961 the appellant was authorized by the District Court to file and did file a petition for writ of habeas corpus without prepayment of costs. Upon the sworn...

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