HIGHTOWER v. UNITED STATES

No. 17376.

325 F.2d 616 (1963)

Curtis HIGHTOWER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 22, 1963.

Petition for Rehearing Denied January 10, 1964.


Attorney(s) appearing for the Case

Mr. Mark B. Sandground (appointed by this court), Washington, D. C., and Mr. Fred W. Danforth, Jr., of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, Buffalo, N. Y., for appellant.

Mr. Robert A. Levetown, Asst. U. S. Atty., at the time of argument, with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker, Asst. U. S. Atty., and Arthur J. McLaughlin, Asst. U. S. Atty., at the time the brief was filed, were on the brief, for appellee.

Before FAHY, WASHINGTON and DANAHER, Circuit Judges.


Petition for Rehearing En Banc Denied January 10, 1964.

PER CURIAM.

Appellant, on March 3, 1962, attempted to steal five suits from a local department store. When apprehended by a store detective, appellant resisted arrest and assaulted the detective. Before trial, upon appellant's motion a mental examination was ordered. After the appellant had been certified as competent, a jury trial was waived. A District Judge upon all the evidence found the appellant...

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