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MARCEY v. HARRIS

No. 22026.

400 F.2d 772 (1968)

Paul W. MARCEY, Appellant, v. David W. HARRIS, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 20, 1968.

Attorney(s) appearing for the Case

Mr. Albert J. Ahern, Jr., Washington, D. C., for appellant.

Mr. Frank Q. Nebeker, Asst. U. S. Atty., for appellee. Mr. David G. Bress, U. S. Atty., also entered an appearance for appellee.

Before BAZELON, Chief Judge, and WRIGHT and LEVENTHAL, Circuit Judges.

PER CURIAM:

Appellant was indicted for the first degree murder of his wife and released on bail. On January 12, 1968, he filed a motion for a bifurcated trial in order to permit a separate trial of the issue of his insanity at the time of the offense. Several months thereafter the Government filed a motion for a mental examination, pursuant to D.C.Code § 24-301(a), on the ground that appellant's request for a bifurcated trial indicated he might be incompetent...

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