Wear v. United States

BAZELON, Circuit Judge.

Appellant was indicted in September 1951 on charges of housebreaking, larceny, forgery and the uttering of a forgery.1 The trial, which was originally set for the following month, did not take place until March 1953.2 Appellant was found guilty on the forgery counts, and sentenced to a term of not less than, sixteen months or more than four years. The sole question in this appeal is whether the trial court erred in refusing to grant appellant’s motion for a psychiatric examination pursuant to 18 U.S.C. § 4244.

Defense counsel first moved for a mental examination of the…