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COM., ETC. v. JENKINS

Record No. 801980.

297 S.E.2d 692 (1982)

COMMONWEALTH of Virginia, DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION v. James L. JENKINS.

Supreme Court of Virginia.

December 3, 1982.

Attorney(s) appearing for the Case

Dennis G. Merrill, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., Walter H. Ryland, Chief Deputy Atty. Gen., on briefs), for appellant.

Richard A. Money, Marion (Lowe & Money, P.C., Marion, on brief), for appellee.

Before CARRICO, C.J., and COCHRAN, POFF, COMPTON, THOMPSON, STEPHENSON and RUSSELL, JJ.

COMPTON, Justice.

The question presented is whether a person charged with a crime and civilly committed to a State mental hospital is liable to the Commonwealth for expenses incurred for care, treatment, and maintenance at such facility.

The appellant, Commonwealth of Virginia Department of Mental Health and Mental Retardation, filed suit in 1980 in the court below against appellee James L. Jenkins, a patient in Southwestern State Hospital in Marion. Alleging...

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