UNITED STATES v. GRAY

No. 26840.

421 F.2d 316 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Linell GRAY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 20, 1970.


Attorney(s) appearing for the Case

David E. Crawley, III (court appointed), Louisville, Miss., for defendant-appellant.

Linell Gray, pro se.

Robert E. Hauberg, U. S. Atty., E. Donald Strange, Joseph E. Brown, Jr., Asst. U. S. Attys., Jackson, Miss., for plaintiff-appellee.

Before GEWIN, COLEMAN and DYER, Circuit Judges.


DYER, Circuit Judge.

The only issue on appeal in this proceeding to revoke appellant's probation is whether the District Court abused its discretion when, after holding a hearing under 18 U.S.C.A. § 4244, it found the appellant mentally competent to understand the proceedings against him and to assist his attorney in his defense. We have concluded that there was an abuse of discretion by the District Court and we reverse...

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