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STATE v. ESTATE OF BURNELL

No. 22925.

439 P.2d 38 (1968)

STATE of Colorado, Colorado State Hospital, Charles E. Meredith, Superintendent, Plaintiffs in Error, v. ESTATE of Arlester L. BURNELL, Ward, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 1, 1968.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Richard D. Robb, Asst. Atty. Gen., Denver, for plaintiffs in error.

Frederick M. Kal, Denver, for defendant in error.

DAY, Justice.

Arlester L. Burnell, to whom we will refer as Burnell, was charged by information in the district court with the crime of murder. Upon his plea of not guilty by reason of insanity, Burnell was granted a separate jury trial on the issue of his sanity. The jury returned a verdict finding Burnell "legally insane at the time of the commission of the alleged crime and is now legally insane." Pursuant to the judgment...

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