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DEPT. OF MENTAL HEALTH v. PAULING

No. 43097.

47 Ill.2d 269 (1970)

265 N.E.2d 159

THE DEPARTMENT OF MENTAL HEALTH, Appellant, v. PAUL PAULING, Appellee.

Supreme Court of Illinois.

Opinion filed December 4, 1970.

Attorney(s) appearing for the Case

WILLIAM J. SCOTT, Attorney General, of Springfield, (FRANK J. McGARR, First Assistant Attorney General, and FRANCIS T. CROWE, JEROME F. GOLDBERG, and JOAN M. MATLAW, Assistant Attorneys General, of counsel,) for appellant.

KENNETH R. LeVEY, of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE KLUCZYNSKI delivered the opinion of the court:

Paul Pauling was indicted for the crime of attempted murder in June of 1954 in the criminal court of Cook County. He was found not guilty by reason of insanity when the offense was committed. The jury made the further finding he had not recovered from such insanity at the time of the trial. Pursuant to this finding, the trial court committed defendant, as an insane person, under...

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