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McNEIL v. DIRECTOR, PATUXENT INSTITUTION

No. 71-5144.

407 U.S. 245 (1972)

McNEIL v. DIRECTOR, PATUXENT INSTITUTION.

Supreme Court of United States.

Decided June 19, 1972.

Attorney(s) appearing for the Case

E. Barrett Prettyman, Jr., by appointment of the Court, 404 U.S. 1057, argued the cause for petitioner. With him on the briefs were Peter F. Rousselot and Richard B. Ruge.

Henry R. Lord, Deputy Attorney General of Maryland, argued the cause for respondent. With him on the brief were Francis B. Burch, Attorney General, and Edward F. Borgerding, Donald R. Stutman, Josef Rosenblatt, and Harry A. E. Taylor, Assistant Attorneys General.

MR. JUSTICE MARSHALL delivered the opinion of the Court.

Edward McNeil was convicted of two assaults in 1966, and sentenced to five years' imprisonment. Instead of committing him to prison, the sentencing court referred him to the Patuxent Institution for examination, to determine whether he should be committed to that institution for an indeterminate term under Maryland's Defective Delinquency Law. Md. Ann. Code, Art. 31B (1971). No such determination has yet been...

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