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STATE v. BEHAN

No. 10071.

124 N.W.2d 179 (1963)

STATE of South Dakota ex rel. Robert W. BARNES, Plaintiff and Appellant, v. Lawrence G. BEHAN, Superintendent of the Yankton State Hospital, Defendant and Respondent.

Supreme Court of South Dakota.

October 23, 1963.

Attorney(s) appearing for the Case

Ramon A. Roubideaux, Fort Pierre, for plaintiff and appellant.

Frank L. Farrar, Atty. Gen., Gerald L. Reade, Asst. Atty. Gen., Pierre, for defendant and respondent.

BIEGELMEIER, Judge.

From the meager record in this habeas corpus proceeding, it appears on March 26, 1962 Robert Barnes attempted to kill his former wife and did kill a man with whom she had been associating. Tried for murder, a jury returned a verdict of "not guilty by reason of insanity" on October 3, 1962. SDC 1960 Supp. 34.3672 provides:

"If the defense involves the sanity of the defendant when the alleged crime was committed, the jurors must be instructed...

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