United States v. Hubert Hall Irvin, Jr.

DUNIWAY, Circuit Judge:

Irvin appeals from a judgment of conviction of bank robbery, 18 U.S.C. § 2113 (a), (d), and (e). We need consider only his claim that the trial judge should have granted his counsel’s motion for an examination to determine his competency to assist in his own defense. We reverse.

On November 6, 1967, the case was set for trial on Tuesday, December 5, 1967. On that day, Irvin’s appointed counsel stated that she had “a motion to make,” and the following occurred:

“MRS. CUTLER: [defense counsel]

I realize the lateness and I realize all of the witnesses the government has…