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IN RE TEW

No. 59.

187 S.E.2d 13 (1972)

280 N.C. 612

In the Matter of John J. TEW, Jr.

Supreme Court of North Carolina.

March 15, 1972.

Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., and G. Eugene Boyce, Raleigh, Sp. Counsel, for the State.

Yarborough, Blanchard, Tucker & Denson by Charles F. Blanchard and Irvin B. Tucker, Jr., Raleigh, for petitioner appellant.

SHARP, Justice:

The one question presented by this appeal is the validity of the last sentence of G.S. § 122-86, italicized below. In whole, the section provides:

"Persons acquitted of crime on account of mental illness; how discharged from hospital.—No person acquitted of a capital felony on the ground of mental illness, and committed to the hospital designated in § 122-83 shall be discharged therefrom unless an act authorizing his...

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