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STATE v. MONTAGUE

No. 35149.

510 S.W.2d 776 (1974)

STATE of Missouri, Plaintiff-Respondent, v. Charles E. MONTAGUE, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District, Division Two.

June 4, 1974.

Attorney(s) appearing for the Case

Richard Boardman, James W. Sherby, Legal Aid Society, St. Louis, for defendant-appellant.

Brendan Ryan, John F. White, St. Louis, John C. Danforth, Atty. Gen., G. Michael O'Neal, Dan Summers, Jefferson City, for plaintiff-respondent.

SMITH, Presiding Judge.

In 1963, Missouri enacted a new code dealing with criminal proceedings involving mental illness—a "mental responsibility law". Chapter 552.1 This case presents for the first time in the state the question of what standards are to be applied under Section 552.040 in determining whether an individual should be released from a state mental hospital.

Charles Eugene Montague was tried for Murder in the...

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