Overholser v. De Marcos, 8902.

• Court: U.S. Court of Appeals — District of Columbia Circuit
• Writing for the Court: PER CURIAM
• Citation: Overholser v. De Marcos, 147 F.2d 145, 79 U.S.App.D.C. 397 (D.C. Cir. 1944)
• Decision Date: 08 December 1944
• Docket Number: No. 8902.,8902.
• Parties: OVERHOLSER v. DE MARCOS.

147 F.2d 145 (1944)

OVERHOLSER v. DE MARCOS.

No. 8902.

United States Court of Appeals District of Columbia.

December 8, 1944.

Edward M. Curran, United States Attorney, and Charles B. Murray and John P. Burke, Assistant United States Attorneys, all of Washington, D. C., for appellant.

No appearance for appellee.

Before MILLER, EDGERTON, and ARNOLD, Associate Justices.

PER CURIAM.

The Superintendent of St. Elizabeths Hospital has appealed from an order of the District Court discharging on habeas corpus an inmate of the hospital, appellee De Marcos. The trial judge denied appellant's request that appellee be required to furnish bond on his release pending appeal to this court, and appellant now applies to this court to commit appellee pending final determination of this appeal or to require him to furnish sufficient recognizance to insure his appearance to answer and abide by the judgment on this appeal.

The records of this court in other appeals by De Marcos, as well as the record in this cause, disclose that he was convicted of manslaughter in Canada in 1934 and sentenced to life imprisonment; that later he was...