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BAXSTROM v. HEROLD

No. 219.

383 U.S. 107 (1966)

86 S.Ct. 760

15 L.Ed.2d 620

BAXSTROM v. HEROLD, STATE HOSPITAL DIRECTOR.

Supreme Court of United States.

Decided February 23, 1966.

Attorney(s) appearing for the Case

Leon B. Polsky argued the cause and filed a brief for petitioner.

Anthony J. Lokot, Assistant Attorney General of New York, argued the cause for respondent. With him on the brief were Louis J. Lefkowitz, Attorney General of New York, and Ruth Kessler Toch, Acting Solicitor General.

MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.

We granted certiorari in this case to consider the constitutional validity of the statutory procedure under which petitioner was committed to a mental institution at the expiration of his criminal sentence in a state prison.

Petitioner, Johnnie K. Baxstrom, was convicted of second degree assault in April 1959 and was sentenced to a term of two and one-half to three years in a New York prison. On...

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