UNITED STATES v. KLEIN

No. 235, Docket 28535.

325 F.2d 283 (1963)

UNITED STATES of America, Plaintiff-Appellee, v. Herman KLEIN, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 12, 1963.


Attorney(s) appearing for the Case

James E. Birdsall (of Warner & Birdsall), New York City, for defendant-appellant.

Harold Baer, Jr., Asst. U. S. Atty., Southern Dist. of New York, New York City (Robert M. Morgenthau, U. S. Atty., and Charles A. Stillman, Asst. U. S. Atty., on the brief), for plaintiff-appellee.

Before MOORE, FRIENDLY and KAUFMAN, Circuit Judges.


KAUFMAN, Circuit Judge.

Herman Klein appeals from a judgment and order of commitment, entered pursuant to 18 U.S.C. § 4246. In April of 1962, Klein was indicted for income tax evasion. After four separate hearings and extensive examinations by three different psychiatrists, he was found mentally incompetent to stand trial under 18 U.S.C. § 4244. Although the psychiatrist who had treated him for more than thirty years insisted that institutionalization would...

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