No. 8752.

331 F.2d 110 (1964)

UNITED STATES of America, Appellee, v. Leroy KENDRICK, Appellant.

United States Court of Appeals Fourth Circuit.

Decided April 15, 1964.

Attorney(s) appearing for the Case

Emmet J. Bondurant, Atlanta, Ga. (Court-assigned counsel) (Smith, Kilpatrick, Cody, Rogers & McClatchey, Atlanta, Ga., on brief), for appellant.

William Medford, U. S. Atty. (James O. Israel, Jr., and Robert J. Robinson, Asst. U. S. Attys., on brief), for appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH, BOREMAN, BRYAN and BELL, Circuit Judges, sitting en banc.


This is an appeal from the District Court's decision denying, after hearing, the petitioner's motion under 28 U.S.C.A. § 2255 to vacate an illegal sentence on the grounds that the petitioner was incompetent to stand trial. The Government now concedes that this question is properly raised under 28 U.S.C.A. § 2255. Bishop v. United States, 350 U.S. 961, 76 S.Ct. 440, 100 L.Ed. 835 (1956), reversing per curiam, 96 U.S.App.D.C. 117,

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