Stephen S. Kelley v. United States

FAHY, Circuit Judge.

In Kelley v. United States, 95 U.S.App. D.C. 267, 221 F.2d 822, we reversed appellant’s earlier conviction of robbery and remanded the case for a new trial, with opportunity for pre-trial proceedings with respect to the competency of the accused to stand trial. Pursuant to 18 U.S.C. § 4244 (1952) such proceedings were had, resulting in a judicial determination that appellant was competent to stand trial. He was retried, was again convicted and again appeals.1

We dispose first of appellant’s contention that the prosecution failed to establish beyond a reasonable doubt that…