STATE EX REL. KOVACH v. SCHUBERT

No. State 238.

64 Wis.2d 612 (1974)

219 N.W.2d 341

STATE EX REL. KOVACH, Petitioner, v. SCHUBERT, Superintendent, Central State Hospital, Respondent.

Supreme Court of Wisconsin.

Decided July 3, 1974.


Attorney(s) appearing for the Case

For the petitioner there were briefs and oral argument by Howard B. Eisenberg, state public defender.

For the respondent the cause was argued by David J. Becker, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.


WILKIE, J.

The issue presented is: Does sec. 971.17 (1) and (2), Stats., deny to the petitioner due process of law and the equal protection of the law in violation of the fourteenth amendment to the United States Constitution?

The petitioner challenges the provisions of sec. 971.17, Stats., which provide for automatic commitment upon a finding of not guilty by reason of mental disease or defect without an adjudication...

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