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McDONALD v. UNITED STATES

No. 8420.

356 F.2d 980 (1966)

Berl Estes McDONALD, Appellant, v. UNITED STATES of America, Appellant.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 23, 1966.

Attorney(s) appearing for the Case

B. F. Napheys, III, Denver, Colo., for appellant.

Benjamin E. Franklin, Topeka, Kan. (Newell A. George, Topeka, Kan., on brief), for appellee.

Before MURRAH, Chief Judge, and PICKETT and SETH, Circuit Judges.

PER CURIAM.

Pursuant to remand on the former appeal (McDonald v. United States, 10 Cir., 341 F.2d 378) the trial court conducted a full evidentiary hearing touching the petitioner's mental competency at the time of his guilty plea. The court found that at the time of his guilty plea he was mentally competent to and did consult with his appointed counsel; that he had a rational and factual understanding of the charges and the nature...

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