Evening star., 1954-11-24
Court Reyerses
Case on Denial
OF Sanity Test
Mental Examination
And Another Trial
Ordered in Robbery
Bv Howard [. Dutkin
By Howard [. Dutkin

By Howord [. Dutkin
The U. S. Court Of Appeals
for the District Of Columbia to-
day reversed the conviction Of
q man accused Of robbery on the
ground that he was Improperly
denied a mental examination.
The court ordered a new trial
and decreed that a hearing be
held to determine the defen-
dant's sanity, not at the time Of
the previous trial, but as of the
new trial date.
In its opinion. the court re-
ferred to a previous caSe-the
Wear case-in which it was held
that the court must order a
mental examination of a de-
fendant upon a motion, made
in good faith, by counsel.
Sentenced In 1858.
Today's case involved Stephen
s. Kelley who was sentenced to
serve 4-to-12 years in October,
1858, for the robbery of a tele.
phone company Office.
A co-defendant, Lewis wilkins.
was acquitted by the jury by
reason of insanity. He was sent
to st. Elizabeths Hospital in
October, 1858, after his acquittal
and was discharged as cured last
March l8.
He was taken to Baltimore to
race trial on a robbery charge
there and subsequently con-
victed. The Baltimore Supreme
Bench rejected an appeal based
on the Washington insanity
finding. with the comment that
Baltimore laws on insanity differ
from those of the District.
Kelley had pleaded not guilty
to the robbery charge here as
had Wilkins. Upon motion Of
the United States attorney be-
fore trial, Kelley was given a
mental examination on July 49,
1852. and found incompetent to
stand trial then.
Recovered Sanity.
He was ordered committed to
st. Elizabeths Hospital. On
February Is. 1853, the hospital
superintendent certified that
Kelley had recovered his sanity.
Kelley was called to trial on
October u, 1858, before Federal
Judge F. Dickinson Let's. His :
attorney asked a new mental
examination. The attorney said
be had talked to the defendant
that morning and felt he was
not competent to stand trial.
The lawyer also told the court
that two psychiatrists, DR..
Amino Perretti and DR.. Joseph
L. Gilbert, would testify that
Kelley "is insane" But Judge
Let's rejected the motion for
re-examination. The case went
to trial and resulted in Kelley's
conviction.
The Appellate Court today
cited the Wear ruling.
Stay Is Urged.
The Government had asked
the appellate court to stay the
appeal proceedings pending de-
termination of Kelley's mental
health at the time of the orig
inal trial.
This move was rejected by the
appellate court, which stated:
The sequence laid down by
Congress as the appropriate
means of avoiding the trial of
one who Is unable to understand
the proceedings and to assist in
his own defense is that the de.
termination of his capacity
shall be made before he is &C.
tually put on trial :" The
court said that the examination
should determine Kelley's mem
tai condition as Of the new trial
time and stated: Otherwise, the
determination would be made.
as the Government now urges
should be done. long after the
event which it was intended to
precede :"
Kelley, on appeal, was repre-.
sented by attorney Bennett Bos.
Key. appointed by the court. The
courts opinion was written by
Judge Charles Fahy and con-
Cured in by Judges Henry w.
Edgerton and Wilbur K. Miller.