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STATE v. BEHAN

No. 10140.

131 N.W.2d 81 (1964)

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 22, 1964.

Attorney(s) appearing for the Case

Roubideaux, Poches & Reade, Fort Pierre, for plaintiff and appellant, Frank L. Farrar, Atty. Gen., Robert A. Miller, Asst. Atty. Gen., Pierre, on the brief.

David F. Sieler, State's Atty., Pennington County, Robert L. Varilek, Deputy State's Atty., Pennington County, Rapid City, for defendant and respondent.

BIEGELMEIER, Presiding Judge.

To a charge of murder petitioner pled not guilty by reason of insanity. The jury returned a verdict to that effect. The circuit court entered an order declaring petitioner's discharge dangerous to the public peace or safety and ordered him committed to the State Hospital for the Insane "until such time as said defendant becomes sane, and until he no longer constitutes a danger to himself or to society or any member thereof, upon determination...

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