TRIBBY v. CAMERON

No. 20454.

379 F.2d 104 (1967)

Willard G. TRIBBY, Appellant, v. Dale CAMERON, Superintendent, St. Elizabeths Hospital, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 14, 1967.


Attorney(s) appearing for the Case

Mr. Perry S. Patterson, Washington, D. C. (appointed by this court), for appellant.

Mr. John A. Terry, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and William M. Cohen, Asst. U. S. Attys., were on the brief, for appellee. Mr. Oscar Altshuler, Asst. U. S. Atty., also entered an appearance for appellee.

Before EDGERTON, Senior Circuit Judge, and TAMM and ROBINSON, Circuit Judges.


EDGERTON, Senior Circuit Judge:

This appeal is from an order discharging a writ of habeas corpus. Appellant was committed to St. Elizabeths Hospital in 1960 pursuant to D.C.Code (1961) § 24-301(d), which provides that a person tried on a criminal charge and acquitted solely on the ground that he was insane at the time of the offense shall be confined in a mental hospital.

The Government concedes in its brief that appellant is "receiving little or no treatment...

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