UNITED STATES v. SHORTER

No. 9076.

343 A.2d 569 (1975)

UNITED STATES, Appellant, v. Michael K. SHORTER, Appellee.

District of Columbia Court of Appeals.

Decided August 26, 1975.

As Amended September 29, 1975.

Rehearing en Banc Denied October 29, 1975.


Attorney(s) appearing for the Case

Richard A. Graham, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., John A. Terry and Harry R. Benner, Asst. U. S. Attys., were on the brief, for appellant.

Frederick J. Sullivan, Washington, D. C., appointed by the court, for appellee.

Before REILLY, Chief Judge, and KELLY and KERN, Associate Judges.


KELLY, Associate Judge:

The government appeals from an order of the trial court refusing to commit appellee to a mental hospital after his acquittal by reason of a mental defect and releasing him from the jurisdiction of the court. The government claims this action was directly contrary to D.C.Code 1973, § 24-301(d)(1)1 because that statute makes commitment of the insanity-acquitted2

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