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MILLS v. STATE

256 A.2d 752 (1969)

Alvin Richard MILLS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

July 18, 1969.

Attorney(s) appearing for the Case

Carl Schnee and Richard Allen Paul, Asst. Public Defenders, Wilmington, for defendant below, appellant.

John P. Daley, Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

WOLCOTT, Chief Justice, and CAREY and HERRMANN, JJ., sitting.

HERRMANN, Justice:

This appeal raises the question of the constitutional validity of the statutory procedures (11 Del.C. § 4702) under which the appellant was committed to, and is being held at, the Delaware State Hospital upon a verdict of not guilty by reason of mental illness in a criminal case.

11 Del.C. § 4702(a) provides for commitment to the Delaware State Hospital as follows:

"(a) Upon the...

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