Norman E. Smith v. United States

The action of the District Court in refusing to entertain the motion filed February 25, 1958, is reversed and the case is remanded for hearing and further proceedings on that motion under Title 28 U.S.C. § 2255, on the issue of appellant’s competency at the time of his trial.

Circuit Judge FAHY files an opinion, in which Circuit Judges EDGER-TON, BAZELON and WASHINGTON join, concurring in the judgment of the court.

Circuit Judge DANAHER files an opinion, in which Circuit Judge BURGER joins, concurring in the judgment of the court.

Chief Judge PRETTYMAN files an opinion concurring in the judgment…