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BUSH v. McCOLLUM

Civ. A. No. 3-63-451.

231 F.Supp. 560 (1964)

James E. BUSH, Petitioner, v. Wayne McCOLLUM, Sheriff of Ellis County, Texas, Respondent.

United States District Court N. D. Texas, Dallas Division.

May 27, 1964.

Attorney(s) appearing for the Case

Billy J. Moore, Ennis, Tex., and Charles Alan Wright, Austin, Tex., for petitioner.

Sam R. Wilson, Asst. Atty. Gen. of Texas, Houston, Tex., and Bruce Allen, Dist. Atty., Ellis County, Waxahachie, Tex., for respondent.

HUGHES, District Judge.

In this case James E. Bush filed a petition for the issuance of a writ of habeas corpus in the United States District Court for the Northern District of Texas asking for his release from the custody of Wayne McCollum, Sheriff of Ellis County, Texas.

The legal question involved is whether the Fourteenth Amendment requires, in a criminal prosecution of an indigent defendant previously adjudicated insane, that the Court commit him to a...

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