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STATE v. CLARKE

No. 84-252.

496 A.2d 164 (1985)

STATE of Vermont v. Gary W. CLARKE.

Supreme Court of Vermont.

Reargument Denied June 21, 1985.

Attorney(s) appearing for the Case

John A. Rocray, Windham County State's Atty., Brattleboro, for plaintiff-appellant.

David G. Reid, Public Defender, Brattleboro, for defendant-appellee.

Before ALLEN, C.J., and HILL, UNDERWOOD, PECK and GIBSON, JJ.

ALLEN, Chief Justice.

This appeal presents the question of whether a defendant, reported to have been insane at the time of the charged offense by a psychiatrist conducting an examination pursuant to 13 V.S.A. § 4814, and ordered hospitalized pursuant to 13 V.S.A. § 4822, may subsequently be tried for the charged offense.

The defendant was charged with simple assault, breaking and entering, sexual assault, and kidnapping. He entered a plea of not...

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