United States Ex Rel. Smith v. Baldi

BIGGS, Chief Judge, and McLAUGH-LIN and STALEY, Circuit Judges

(dissenting).

The court below did not grasp the nettle which this case presents nor do we think it is seized by the majority of this court.

According to the petition and the evidence introduced in the court below the relator, Smith, an indigent defendant, now twenty-six years of age, has a history of grave mental illnesses. His record in the United States Army indicates the first recognition of his disorders.1 Having been found to be a schizophrenic, he was adjudged insane by a New York Court.2 He also asked to be committed to the…