Overholser v. De Marcos

ARNOLD, Associate Justice.

The respondent, Superintendent of St. Elizabeths Hospital, appeals from an order in a habeas corpus proceeding discharging the petitioner from custody on the ground that petitioner is sane. In his answer respondent states that petitioner has been under the care and observation of physicians on the staff of St. Elizabeths Hospital, to which he was committed in accordance with law, that he is suffering from paranoia to such an extent as to be dangerous to himself and others if released.

At the hearing both the United States Attorney and the court below assumed that the…