Frank Cassel v. Winfred Overholser, Superintendent, St. Elizabeths Hospital

D.C. Circuit

Frank Cassel v. Winfred Overholser, Superintendent, St. Elizabeths Hospital

223 F.2d 321, 96 U.S. App. D.C. 29, 1955 U.S. App. LEXIS 3961

CourtCourt of Appeals for the D.C. Circuit

DecidedApril 28, 1955

Docket12218

StatusPublished

This text of 223 F.2d 321 (Frank Cassel v. Winfred Overholser, Superintendent, St. Elizabeths Hospital) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Frank Cassel v. Winfred Overholser, Superintendent, St. Elizabeths Hospital, 223 F.2d 321, 96 U.S. App. D.C. 29, 1955 U.S. App. LEXIS 3961 (D.C. Cir. 1955).

Pincite

Opinion

PER CURIAM.

Appellant Cassel was indicted for first degree murder in 1932, adjudicated insane, and admitted to St. Elizabeths Hospital, where he has been ever since. He has not been tried on the indictment. In 1953 he filed in the District Court a petition for a writ of habeas corpus, 1 and the writ issued. In his return and answer the respondent Superintendent of the Hospital asserted the insanity of appellant and that he would be dangerous if discharged. The court ordered an inquisition by the Commission on Mental Health, which investigated and reported that appellant suffers from schizophrenia, paranoid type, and requires strict supervision in a mental hospital for the safety of others. The District Court held a. hearing, at which appellant appeared and testified. He was represented by counsel. The court made findings of fact and conclusions of law, one of the findings being that appellant is of unsound mind, in need of further care and treatment. The court discharged the writ. We find no error,

Affirmed.

1

. Apparently the tenth such since he has been confined.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Appellant Cassel was indicted for first degree murder in 1932, adjudicated insane, and admitted to St. Elizabeths Hospital, where he has been ever since. He has not been tried on the indictment. In 1953 he filed in the District Court a petition for a writ of habeas corpus, 1 and the writ issued. In his return and answer the respondent Superintendent of the Hospital asserted the insanity of appellant and that he would be dangerous if discharged. The court ordered an inquisition by the Commission on Mental Health, which investigated and reported that appellant suffers from schizophrenia, paranoid type, and requires strict supervision in a mental hospital for the safety of others. The District Court held a. hearing, at which appellant appeared and testified. He was represented by counsel. The court made findings of fact and conclusions of law, one of the findings being that appellant is of unsound mind, in need of further care and treatment. The court discharged the writ. We find no error,

Affirmed.

1

. Apparently the tenth such since he has been confined.

Cite This Page — Counsel Stack

Bluebook (online)

223 F.2d 321, 96 U.S. App. D.C. 29, 1955 U.S. App. LEXIS 3961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frank-cassel-v-winfred-overholser-superintendent-st-elizabeths-hospital-cadc-1955.