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STATE v. PERTUISOT

No. 38264.

547 S.W.2d 192 (1977)

STATE of Missouri, Respondent, v. Marvin James PERTUISOT, Appellant.

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

February 1, 1977.

Attorney(s) appearing for the Case

John Ashcroft, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, George A. Peach, Circuit Atty., Ralph A. Dobberstein, Asst. Circuit Atty., St. Louis, for respondent.

Sestric, McGhee & Miller, Cynthia S. Holmes, St. Louis, for appellant.

CLEMENS, Presiding Judge.

In 1967 the trial court found defendant Marvin James Pertuisot not guilty of arson by reason of insanity. The court committed him to Fulton State Hospital pursuant to § 552.040, subd. 1, RSMo 1969. In 1975, contending he had recovered, defendant petitioned the circuit court for release under paragraph 4. of § 552.040. After an evidentiary hearing defendant has appealed from the judgment...

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