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UNITED STATES v. POWELL

No. 73-2098.

503 F.2d 195 (1974)

UNITED STATES of America v. Walter C. POWELL, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided September 16, 1974.

Attorney(s) appearing for the Case

Andrew T. A. MacDonald, Washington, D.C. (appointed by this Court), for appellant.

Donald E. Robinson, Jr., Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., John A. Terry and Barry W. Levine, Asst. U. S. Attys., were on the brief, for appellee.

Before ROBINSON and ROBB, Circuit Judges and WEIGEL, District Judge for the District of Northern California.

PER CURIAM:

The appellant Powell was tried and convicted on an indictment alleging that in violation of 18 U.S.C. § 751(a) he escaped from Saint Elizabeths Hospital where he had been lawfully committed to custody by order of court. The case was tried to the court without a jury on stipulated facts. The facts were:

1. In 1970 Powell was tried in the District Court on felony charges and found not guilty by reason of insanity.

2. Following his acquittal...

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