UNITED STATES v. IRVIN

No. 23773.

450 F.2d 968 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Hubert Hall IRVIN, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 8, 1971.


Attorney(s) appearing for the Case

James McWilliams (argued), San Francisco, Cal., for defendant-appellant.

John M. Newman, Jr., Asst. U. S. Atty. (argued), Roger A. Browning, Asst. U. S. Atty., Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., Irving Prager, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before DUNIWAY, ELY and KILKENNY, Circuit Judges.


DUNIWAY, Circuit Judge:

Irvin appeals from a judgment of conviction of bank robbery, 18 U.S.C. § 2113 (a), (d), and (e). We need consider only his claim that the trial judge should have granted his counsel's motion for an examination to determine his competency to assist in his own defense. We reverse.

On November 6, 1967, the case was set for trial on Tuesday, December 5, 1967. On that day, Irvin's appointed counsel stated that she had "a motion to make...

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