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McCOLLUM v. BUSH

No. 21819.

344 F.2d 672 (1965)

Wayne McCOLLUM, Appellant, v. James E. BUSH, Appellee.

United States Court of Appeals Fifth Circuit.

May 6, 1965.

Attorney(s) appearing for the Case

Sam R. Wilson, Asst. Atty. Gen., Houston, Tex., Bruce Allen, County Atty., Ellis County, Waxahachie, Tex., Waggoner Carr, Atty. Gen. of Texas, Paul R. Robertson, Asst. Atty. Gen., Houston, Tex., for appellant.

Charles Alan Wright, Cambridge, Mass., Billy J. Moore, Ennis, Tex., for appellee.

Before TUTTLE, Chief Judge, and RIVES and BELL, Circuit Judges.

PER CURIAM:

Upon careful consideration, we find ourselves in agreement with nearly all of the thorough and able opinion of the district judge. While we think that the opinion of a general medical practitioner as to sanity is admissible, it seems clear to us, under the facts and circumstances of this case, that in adjudicating Bush guilty and sentencing him to life imprisonment without any psychiatric testimony,1 the state denied Bush both...

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