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BRISBIN v. SCHAUER

No. 25009.

492 P.2d 835 (1971)

Robert Lee BRISBIN, Petitioner-Appellant, v. Hilbert SCHAUER, Executive Director, Colorado State Department of Institutions, and Charles E. Meredith, Superintendent, Colorado State Hospital, Respondents-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 31, 1972.

Attorney(s) appearing for the Case

William L. Lloyd, Pueblo, for petitioner-appellant.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty., Gen., Patricia W. Robb, Sp. Asst. Atty. Gen., Pueblo, for respondents-appellees.

PRINGLE, Chief Justice.

Robert Lee Brisbin (hereinafter referred to as appellant) was charged with murder in the first degree to which he pleaded not guilty by reason of insanity. He was tried to the court and found not guilty by reason of insanity at the time of the alleged commission of the crime. He was committed to the Colorado State Hospital at Pueblo.

Six months later, in December, 1969, appellant filed a Petition for Writ of Habeas

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