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BRIGGS v. STATE

No. KCD 26985.

509 S.W.2d 154 (1974)

Ex parte Gary Wayne BRIGGS, Petitioner, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied May 6, 1974.

Attorney(s) appearing for the Case

William G. Mays, II, Acting Public Defender, 13th Judicial Circuit, Columbia, for appellant.

John C. Danforth, Atty. Gen., David Robards, Asst. Atty. Gen., Jefferson City, for respondent.

Before DIXON, C. J., and SHANGLER, PRITCHARD, SWOFFORD, WASSERSTROM and SOMERVILLE, JJ.

SOMERVILLE, Judge.

The crucial question in this habeas corpus action is whether petitioner is being unlawfully restrained of his liberty by the Director of the Division of Mental Diseases, State of Missouri, by incarceration in the Fulton State Hospital, Calloway County, Missouri, under an order of commitment issued by the Circuit Court of Clay County, Missouri, on April 14, 1972.

The record in the Circuit Court of Clay County prefacing the order committing...

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