UNITED STATES v. THERIAULT

No. 28551.

440 F.2d 713 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Harry William THERIAULT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 24, 1971.


Attorney(s) appearing for the Case

James W. Tarlton, III, Mobile, Ala., Court-appointed for defendant-appellant.

C. S. White-Spunner, Jr., U. S. Atty., Irwin W. Coleman, Jr., Asst. U. S. Atty., Mobile, Ala., for plaintiff-appellee.

Before RIVES, WISDOM and GODBOLD, Circuit Judges.


GODBOLD, Circuit Judge:

Appellant Theriault was convicted of escaping from custody while held as a federal prisoner in the city jail at Mobile, Alabama. We reverse because the trial judge erred in refusing to authorize employment at government expense of a psychiatrist to examine defendant under the provisions of 18 U.S.C. § 3006A(e).1

April 28, 1969, Theriault's appointed counsel filed a motion pursuant to Rule 28, Fed.R...

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