BREATON v. UNITED STATES

No. 16987.

303 F.2d 557 (1962)

Marvin Ferris BREATON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

June 19, 1962.


Attorney(s) appearing for the Case

James W. Singer, III, and Ramon J. Morganstern, of Husch, Eppenberger, Donohue, Elson & Jones, St. Louis, Mo., made argument for appellant, and was on the brief.

F. Russell Millin, U. S. Atty., Kansas City, Mo., and Clifford M. Spottsville, Asst. U. S. Atty., Kansas City, Mo., on the brief for appellee.

Before VOGEL, VAN OOSTERHOUT and MATTHES, Circuit Judges.


VAN OOSTERHOUT, Circuit Judge.

This is an appeal in forma pauperis by Marvin Ferris Breaton, hereinafter called appellant, from final order denying his petition for writ of habeas corpus wherein he seeks discharge from federal custody upon the ground that he was mentally incompetent at the time of his trial and conviction. The trial court issued a show-cause order, whereupon the Government filed its response. From such response and the record before us, it appears...

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