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IN RE FRANKLIN

Docket No. Crim. 15842.

7 Cal.3d 126 (1972)

496 P.2d 465

101 Cal. Rptr. 553

In re ROBERT GUY FRANKLIN on Habeas Corpus.

Supreme Court of California. In Bank.

May 12, 1972.

Attorney(s) appearing for the Case

COUNSEL

Richard S. Buckley, Public Defender, James L. McCormick, Joel S. Peck and Dennis A. Fischer, Deputy Public Defenders, for Petitioner.

Evelle J. Younger, Attorney General, William E. James, Assistant Attorney General, and Edward T. Fogel, Jr., Deputy Attorney General, for Respondent.

OPINION

BURKE, J.

In this case we are called upon to determine the constitutionality of the procedures (Pen. Code, §§ 1026, 1026a) for the commitment and release of persons who, following trial for a criminal offense, are acquitted by reason of their insanity. We have concluded that these procedures, whereby such persons may be confined in a state hospital for a minimum period of...

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