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PROCHASKA v. BRINEGAR

No. 49932.

102 N.W.2d 870 (1960)

Stanley PROCHASKA, Appellant, v. Willard C. BRINEGAR, M.D., Superintendent of the Mental Health Institute, Cherokee, Iowa, Appellee.

Supreme Court of Iowa.

May 3, 1960.

Attorney(s) appearing for the Case

George D. Pappas, Brown & Nordenson, Sioux City, for appellant.

Norman A. Erbe, Atty. Gen., Marion R. Neely, Asst. Atty. Gen., James L. McDonald, Cherokee County Atty., William B. McDonald, Asst. County Atty., Cherokee, for appellee.

HAYS, Justice.

Habeas Corpus proceedings under Chapter 663, Code 1958, I.C.A., by one confined in a mental hospital against the Superintendent thereof. The petition alleges that at the preliminary proceedings before the Commissioners of Insanity of Humbolt County, Iowa, he was denied due process of law, that said proceedings are void and demands his release. Upon a hearing the writ was annulled and he appeals.

The proceedings before the Commissioners appear...

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