James J. McDonald v. United States

In my judgment, this case should be remanded to the District Court for consideration of the issue of competency to stand trial in the light of Whalem v. United States, 120 U.S.App.D.C. -, 346 F.2d 812 (1965) (en banc), Green v. United States, 121 U.S.App.D.C.-, 349 F.2d 203 (1965) (en banc), and Wider v. United States, 121 U.S.App.D.C.-, 348 F.2d 358 (1965).

Like Green, McDonald was an escapee from St. Elizabeths at the time he committed his offense. Whalem was on convalescent leave from the same institution when his offense was committed. While Wider was not under commitment to St. Elizabeths…