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MATTER OF LOMAX

No. 10311.

367 A.2d 1272 (1976)

In the Matter of Elmos R. LOMAX, Appellee.

District of Columbia Court of Appeals.

Decided December 20, 1976.

Rehearing en Banc Granted April 19, 1977, and

Judgment of December 20, 1976, Vacated.

Attorney(s) appearing for the Case

Alexia Morrison, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., and John A. Terry and John C. Martin, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellant Superintendent, Saint Elizabeths Hospital.

Silas J. Wasserstrom, Public Defender Service, Washington, D. C., with whom Frederick H. Weisberg, Public Defender Service, Washington, D. C., was on the brief, for appellee.

Before FICKLING, HARRIS and MACK, Associate Judges.

HARRIS, Associate Judge:

This is an appeal from an order of the trial court dismissing a petition for appellee's judicial hospitalization and releasing appellee from Saint Elizabeths Hospital, after a jury found that appellee, although mentally ill, was not likely to injure himself or others if allowed to remain at liberty. See D.C.Code 1973, § 21-545(b). Appellant, the Superintendent of Saint Elizabeths Hospital, contends that a prejudicial opening statement...

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