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STATE v. KEE

No. 58317.

510 S.W.2d 477 (1974)

STATE of Missouri, Respondent, v. Joseph Senion KEE, Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied June 10, 1974.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., G. Michael O'Neal, Asst. Atty. Gen., Jefferson City, for respondent.

Richard Boardman, St. Louis, for appellant Legal Aid Society of St. Louis.

BARDGETT, Judge.

The question to be decided is whether section 552.040, RSMo 1969,1 which requires commitment to the director of the division of mental diseases of a defendant who is found not guilty of a criminal offense by reason of mental disease or defect excluding responsibility, is facially unconstitutional.

The defendant-appellant Joseph Senion Kee filed an application in circuit court for release from the custody of the...

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