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STATE v. MORRIS

No. 43467.

85 Wn.2d 382 (1975)

536 P.2d 1

THE STATE OF WASHINGTON, on the Relation of Robert E. Schillberg, Appellant, v. CHARLES R. MORRIS, as Secretary of the Department of Social and Health Services, et al, Respondents.

The Supreme Court of Washington, En Banc.

May 29, 1975.

Attorney(s) appearing for the Case

Robert E. Schillberg, Prosecuting Attorney, and David G. Metcalf, Deputy, for appellant.

Slade Gorton, Attorney General, and William C. Collins, Assistant, for respondents.

BRACHTENBACH, J.

The sole issue here is whether the sexual psychopathy act, RCW 71.06, authorizes the superior court to order confinement of a defendant in a state hospital for observation as to the existence of sexual psychopathy, prior to the hearing and determination of the underlying sex crime charged.

The facts are stipulated. A defendant was charged with incest and the prosecuting attorney, pursuant to RCW

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