Frank Cassel, Appellant, v. Winfred Overholser, Superintendent, St. Elizabeths Hospital, Appellee, 223 F.2d 321 (D.C. Cir. 1955)

Appellant Cassel was indicted for first degree murder in 1932, adjudicated insane, and admitted to St. Elizabeths Hospital, where he has been ever since. He has not been tried on the indictment. In 1953 he filed in the District Court a petition for a writ of habeas corpus,¹  and the writ issued. In his return and answer the respondent Superintendent of the Hospital asserted the insanity of appellant and that he would be dangerous if discharged. The court ordered an inquisition by the Commission on Mental Health, which investigated and reported that appellant suffers from schizophrenia, paranoid type, and requires strict supervision in a mental hospital for the safety of others. The District Court held a hearing, at which appellant appeared and testified. He was represented by counsel. The court made findings of fact and conclusions of law, one of the findings being that appellant is of unsound mind, in need of further care and treatment. The court discharged the writ. We find no error.

Affirmed.