STATE v. SPEAR

No. 193-81.

458 A.2d 1098 (1983)

STATE of Vermont v. John SPEAR.

Supreme Court of Vermont.

February 14, 1983.


Attorney(s) appearing for the Case

Andrew B. Crane, Defender Gen., William A. Nelson, Appellate Defender, and Nancy E. Kaufman, Acting Appellate Defender, Montpelier, for defendant-appellant.

Before BARNEY, C.J., and BILLINGS, HILL, UNDERWOOD and PECK, JJ.


UNDERWOOD, Justice.

This is an appeal from an order of the district court committing the defendant to the Vermont State Hospital in Waterbury. We reverse.

The facts are as follows. The defendant was charged with disorderly conduct, a misdemeanor under 13 V.S.A. § 1026(1). According to the affidavit of probable cause he was in a Dunkin' Donuts shop screaming that United States Senator Robert Stafford did not have any legs because he was a third nation...

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