Higgins

John Michael Higgins was indicted on June 7, 1950, for sending postal cards allegedly containing “libelous, scurrilous, and defamatory” language through the United States mails in violation of Title 18 U.S.C.A. § 1718 . When Higgins appeared before the court for arraignment and plea, the court of its own motion ordered that he be examined by court-appointed psychiatrists to determine his mental competency “to be [able] to understand the proceedings against him [and] properly to assist in his own defense”. Title 18 U.S.C.A. § 4244 . Thereafter, the court ordered a hearing and appointed counsel to represent Higgins at the hearing. To avoid confusion, we shall refer to Higgins as defendant. The testimony of two qualified psychiatrists who had theretofore examined defendant was received, as was the testimony of Higgins himself and one witness on his behalf. Defendant was found “insane and mentally incompetent” and “unable to make a defense to the charge” in the indictment. He was then committed to the custody of the Attorney General until he should become mentally competent or until further order of the court. He was hospitalized at the United States Medical Center for federal…