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SCHAUER v. SMELTZER

No. 24547.

488 P.2d 899 (1971)

Hilbert SCHAUER, Director of Department of Institutions and Charles E. Meredith, Superintendent of State Hospital, Pueblo, Colorado, Plaintiffs in Error, v. George Washington SMELTZER, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 4, 1971.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Richard D. Robb, Asst. Atty. Gen., James D. McKevitt, Jarvis W. Seccombe, Dist. Attys., Gregory A. Mueller, Asst. Dist. Atty., Patricia W. Brittain, Deputy Dist. Atty., Denver, for plaintiffs in error.

Mellman, Mellman & Thorn, P. C., Gerald N. Mellman, Denver, for defendant in error.

ERICKSON, Justice.

George Washington Smeltzer was charged with assault with a deadly weapon and assault to murder and entered a plea of not guilty and not guilty by reason of insanity. On March 1, 1967, he was found not guilty by reason of insanity in a trial before a jury and was committed to the Colorado State Hospital. Thereafter, on December 10, 1968, pursuant to C.R.C.P. 106(a) (4), he filed a petition for writ of habeas corpus alleging that he was entitled to...

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