UNITED STATES v. MOUDY

No. 71-3297.

462 F.2d 694 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Billy Ross MOUDY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 22, 1972.


Attorney(s) appearing for the Case

Kirk Patton, Texarkana, Tex. (Court Appointed), for defendant-appellant.

Roby Hadden, U. S. Atty., Tyler, Tex., J. C. Hawthorn, Asst. U. S. Atty., Beaumont, Tex., for plaintiff-appellee.

Before AINSWORTH, GODBOLD and MORGAN, Circuit Judges.


GODBOLD, Circuit Judge:

Convicted of escape from the Federal Correctional Institution in Texarkana, Texas, appellant claims reversible error in admission of testimony of a psychiatrist who had examined him under 18 U.S.C. § 4244 and in refusal of subpoenas requested by him under Fed.R.Crim.P. 17(b). We reverse on the subpoena point.

Prior to trial appellant's counsel moved under § 4244 to have him examined to determine his competency to stand trial...

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