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UNITED STATES v. JOHNSON

No. 75-1687.

527 F.2d 1104 (1975)

UNITED STATES of America, Appellee, v. John Thomas JOHNSON, Jr., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 11, 1975.

Attorney(s) appearing for the Case

Cabell C. Mercer, Norfolk, Va. [court-appointed counsel] (Epstein & Epstein, Norfolk, Va., on brief) for appellant.

Edward R. Baird, Jr., Asst. U. S. Atty., and (William B. Cummings, U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and CRAVEN and BUTZNER, Circuit Judges.

CRAVEN, Circuit Judge:

In this appeal from a Dyer Act1 conviction, only two questions are presented. We decide both favorably to appellant Johnson, and hold that the district court erred in denying counsel's motion for a mental examination, 18 U.S.C. § 4244, and refusing to question prospective jurors on voir dire concerning possible racial bias.

I.

Title 18 U.S.C. § 4244 contemplates examination of a...

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