HOLLOWAY v. UNITED STATES

No. 18017.

343 F.2d 265 (1964)

Perry HOLLOWAY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 5, 1964.


Attorney(s) appearing for the Case

Mr. John A. Shorter, Jr. (appointed by this court), Washington, D. C., for appellant.

Mr. Daniel J. McTague, Asst. U. S. Atty., argued the motion for appellee.

Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the motion for appellee.

Mr. John A. Terry, Asst. U. S. Atty., also entered an appearance for appellee.

Before BAZELON, Chief Judge, and WRIGHT and McGOWAN, Circuit Judges.


BAZELON, Chief Judge.

The only allegation of error in this appeal from a forgery conviction is that the trial court erred in denying the defense's pre-trial motion for a mental examination to determine competence to stand trial. After appellant filed his brief in this court, the Government moved to remand for a judicial determination of appellant's competency at the time of his trial over a year ago, that determination to be made after a mental examination.

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