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STATE v. LEVIEN

44 N.J. 323 (1965)

209 A.2d 97

STATE OF NEW JERSEY AND COUNTY OF BERGEN, PLAINTIFFS-RESPONDENTS, v. RICHARD C. LeVIEN, GUARDIAN OF GARDNER LeVIEN, A MENTAL INCOMPETENT, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided April 12, 1965.

Attorney(s) appearing for the Case

Mr. Arthur Knaster argued the case for defendant-appellant (Mr. George J. Kauper, attorney).

Mr. Eugene T. Urbaniak, Deputy Attorney General, of counsel, argued the cause for plaintiffs-respondents (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney for plaintiff, State of New Jersey; Mr. Nelson G. Gross, Bergen County Counsel, attorney for plaintiff, County of Bergen; Mr. Richard W. DeKorte, Assistant County Counsel, on the brief).

The opinion of the court was delivered by SCHETTINO, J.

On September 11, 1942 Gardner LeVien was adjudged insane by the Bergen County Court of Common Pleas, and ordered confined at the New Jersey State Hospital at Greystone Park. About a year later he assaulted two other patients, choking them to death. Immediately thereafter, by order of the Commissioner of the Department of Institutions and Agencies, LeVien was transferred to the State Hospital at Trenton to be...

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