Upon consideration of record and confession of error by Solicitor General, judgment of Court of Appeals reversed and case remanded to District Court with directions to permit defendant to change his plea of guilty. 101 U.S.App.D.C. 114, 247 F.2d 105, reversed. Bernard Dunau and Anastasia Thannhauser Dunau for petitioner.
Thereupon the District Court, pursuant to mandate, vacated the plea of guilty. Dandridge v. United States, 101 U.S. App.D.C. 114, 247 F.2d 105 (1957). Dandridge v. United States, 356 U.S. 259, 78 S.Ct. 714, 2 L.Ed.2d 757 (1958).
See Fed.R.Crim.P. 32(d); Note, 64 Yale L.J. 590 (1955); Comment, 22 U. of Chi.L.Rev. 730 (1955); Note, 55 Colum.L.Rev. 366 (1955). Cf. Dandridge v. United States, 101 U.S.App.D.C. ___, 247 F.2d 105, certiorari granted 78 S.Ct. 125; United States v. Panebianco, 2 Cir., 1953, 208 F.2d 238, certiorari denied 1954, 347 U.S. 913, 74 S.Ct. 478, 98 L. Ed. 1069. "If you find any facts that indicate he isn't guilty, file a formal motion."
Memorandum For The United States p. 16, Dusky v. United States, supra. Cf. Dandridge v. United States, 356 U.S. 259, 78 S.Ct. 714, 2 L.Ed.2d 757 (1958) (Per Curiam), reversing 101 U.S.App.D.C. 157, 247 F.2d 105 (1957), in which the Supreme Court reversed a conviction where the trial court had denied a motion by a defendant to withdraw his plea of guilty. The Government confessed error in the failure at a hearing on the motion to adequately determine whether at the time of the plea petitioner had been suffering from a disabling illness; rather than adopting the Government's suggestion that a new hearing be had, the Court ordered that petitioner be permitted to withdraw his plea. See Brief For The United States, Dandridge v. United States, supra.