Rosier v. Overholser

U.S. Court of Appeals for the D.C. Circuit
Rosier v. Overholser, 136 F.2d 795 (D.C. Cir. 1943)
78 U.S. App. D.C. 404; 1943 U.S. App. LEXIS 3136

Rosier v. Overholser

Opinion of the Court

PER CURIAM.

This appeal is from an order of the District Court dismissing appellant’s petition for writ of habeas corpus; discharging the writ theretofore issued; and remanding appellant to the custody of appellee. The District Court found that appellant, while still serving his sentence, following conviction of an assault with a dangerous weapon, was, in a lunacy proceeding in that Court, found by a jury to be of unsound mind; that he continues to be of unsound mind and is in need of continued hospitalization. It concluded that appellant’s commitment was authorized by law, and regular on its face; that appellant is not entitled to be released from custody. The judgment of the District Court was correct; and is affirmed, for the reasons appearing in its findings of fact and conclusions of law. We have carefully considered appellant’s contentions, and find them to be without merit.

Affirmed.

Reference

Full Case Name
Dennis W. ROSIER v. Winfred OVERHOLSER, M. D., Superintendent, Saint Elizabeths Hospital
Status
Published