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STATE EX REL. SCHOPF v. SCHUBERT

No. State 113.

45 Wis.2d 644 (1969)

173 N.W.2d 673

STATE EX REL. SCHOPF, Petitioner, v. SCHUBERT, Superintendent, Central State Hospital, Respondent.

Supreme Court of Wisconsin.

Decided February 6, 1970.

Attorney(s) appearing for the Case

For the petitioner there were briefs and oral argument by James H. McDermott, state public defender.

For the respondent the cause was argued by Sverre O. Tinglum, assistant attorney general, with whom on the briefs were Robert W. Warren, attorney general, and William A. Platz, assistant attorney general.

WILKIE, J.

Petitioner maintains that the circuit court for Marathon county, in committing petitioner to Central State Hospital under sec. 957.11 (3), Stats., did so without making a finding of insanity at the time of commitment as distinguished from the time of the offense and without first according him a judicial hearing.

Petitioner contends that sec. 957.11 (3), Stats., is unconstitutional on two grounds: (1) It is a denial of equal protection of the laws...

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