Oliver H. Fooks, Jr. v. United States

BAZELON, Circuit Judge, with whom EDGERTON, Chief Judge, and WASHINGTON, Circuit Judge

concur: On July 12, 1956, this court affirmed determinations made by the District Court in 1955, under 18 U.S.C. § 4245,1 that ap*638pellant had been mentally competent during three separate trials and convictions in 1953. This, so far as we have been able to find, is the first appellate consideration of a proceeding under that statute. Appellant’s timely petition for rehearing in banc was denied by this court on March 28, 1957, upon the vote of five judges to deny and four to grant. Each judge reserved the…