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LEWELLYNG v. UNITED STATES

No. 20251.

320 F.2d 104 (1963)

James Weldon LEWELLYNG, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

July 8, 1963.

Attorney(s) appearing for the Case

James Weldon Lewellyng, pro se, Myron M. Sheinfeld, Houston, Tex., for appellant.

William K. Hughes, Jr., Asst. U. S. Atty., Fort Worth, Tex., Robert B. Ward, Asst. U. S. Atty., Dallas, Tex., Barefoot Sanders, U. S. Atty., for appellee.

Before RIVES, CAMERON and HAYS, Circuit Judges.

RIVES, Circuit Judge.

Before trial, the defendant's court-appointed attorney moved the court to cause the defendant to be examined as to his mental condition by a qualified psychiatrist and that the psychiatrist report his findings to the court. The grounds set forth in the motion were as follows:

"I. That the accused sustained an injury to his brain while serving with the United States Army in Europe. That as a consequence of such brain injury, the defendant...

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