CHASE v. KEARNS


278 A.2d 132 (1971)

Charles H. CHASE v. William F. KEARNS, Jr., Commissioner, Department of Mental Health and Corrections.

Supreme Judicial Court of Maine.

June 2, 1971.


Attorney(s) appearing for the Case

Caroline Glassman, Portland, for plaintiff.

Courtland D. Perry, Asst. Atty. Gen., Augusta, for defendant.

Before DUFRESNE, C. J., and WEBBER, WEATHERBEE, POMEROY and WERNICK, JJ.


WEATHERBEE, Justice.

This petition for the common law writ of habeas corpus presents us with a clear challenge to the constitutionality of our statutory provision for immediate commitment to the custody of the Commissioner of Mental Health and Corrections of persons who have been charged with criminal acts and who have been found not guilty by reason of mental disease or defect. We find no constitutional deprivation in the case before us.

Petitioner was indicted...

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