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UNITED STATES v. KINCAID

No. 10402.

362 F.2d 939 (1966)

UNITED STATES of America, Appellee, v. Donald Eugene KINCAID, Appellant.

United States Court of Appeals Fourth Circuit.

Decided June 20, 1966.

Attorney(s) appearing for the Case

Harvey S. Lutins, Roanoke, Va. (Court-appointed counsel) [Honeyman & Lutins, Roanoke, Va., on brief] for appellant.

Thomas B. Mason, U. S. Atty., for appellee.

Before HAYNSWORTH, Chief Judge, J. SPENCER BELL, Circuit Judge, and HEMPHILL, District Judge.

HAYNSWORTH, Chief Judge:

Defendant, convicted of a Dyer Act violation, claims that he lacked mental capacity to waive counsel and plead guilty. When he appeared before the District Court, in answer to questions put by the United States Attorney, he agreed to waive counsel, waive indictment,1 and to plead guilty. During this proceeding he said that he had turned himself in because "I needed medical treatment or something." When afforded...

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