IN RE NOEL

No. 50,960

226 Kan. 536 (1979)

601 P.2d 1152

In Re Application of CARROLL E. NOEL, JR., For Release Pursuant to K.S.A. 1978 Supp. 22-3428a.

Supreme Court of Kansas.

Opinion filed October 27, 1979.


Attorney(s) appearing for the Case

Nick A. Tomasic, Wyandotte district attorney, argued the cause, and Robert T. Stephan, attorney general, and Thomas L. Boeding, assistant Wyandotte district attorney, were with him on the brief for the appellant.

Robert L. Feldt, of Great Bend, argued the cause and was on the brief for the appellee.


The opinion of the court was delivered by

McFARLAND, J.:

Carroll E. Noel, Jr., was charged with murder in the first degree for the 1973 slaying of a United States Postmaster in Wyandotte County, Kansas. In 1974 a jury returned its verdict determining Noel was "not guilty because of insanity" and he was duly committed to the State Security Hospital at Larned, Kansas, pursuant to K.S.A. 22-3428. Subsequently, but pursuant to the same statute, Noel was transferred...

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