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HURT v. UNITED STATES

No. 17312.

327 F.2d 978 (1964)

Cecil Marvin HURT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

February 27, 1964.

Attorney(s) appearing for the Case

Lyle Huseby, Fargo, N. D., made argument for appellant and filed typewritten brief.

Gordon Thompson, Asst. U. S. Atty., Fargo, N. D., made argument for appellee and filed typewritten brief with John O. Garaas, U. S. Atty., Fargo, N. D.

Before VOGEL, BLACKMUN and RIDGE, Circuit Judges.

RIDGE, Circuit Judge.

The singular issue for determination in this appeal is whether the District Court erred in refusing to admit into evidence a previous adjudication of appellant's mental incompetency, offered for the purpose of raising an issue as to his mental competency to commit the offenses (§§ 2314 and 1341, Title 18 U.S.C.A.) for which he was on trial. The error so claimed was duly preserved for review by the Court. After verdict of guilty and...

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