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FOOTE v. STATE

No. 46236.

650 S.W.2d 28 (1983)

Melvin Dwight FOOTE, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

April 5, 1983.

Attorney(s) appearing for the Case

Theodore Guberman, Hillsboro, for appellant.

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, for respondent.

CRIST, Judge.

Appeal from the denial of an application for release from a state mental hospital pursuant to § 552.040, RSMo. (Supp.1980). We affirm.

Movant was committed to Fulton State Hospital on September 22, 1978, pursuant to court order. His commitment resulted from a finding he was not guilty of capital murder by reason of mental disease or defect.

At the hearing on the application, movant testified he no longer had a mental disease or defect...

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