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McCORKLE v. SMITH

100 N.J. Super. 595 (1968)

242 A.2d 861

LLOYD W. MC CORKLE, COMMISSIONER OF INSTITUTIONS AND AGENCIES OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BERNARD SMITH, DEFENDANT-APPELLANT. BERNARD SMITH, PLAINTIFF-APPELLANT, v. LLOYD W. MC CORKLE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 10, 1968.

Attorney(s) appearing for the Case

Mr. Samuel A. Donio, assigned counsel, argued the cause for appellant Bernard Smith.

Mr. Eugene T. Urbaniak, Deputy Attorney General, argued the cause for respondent (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Before Judges GOLDMANN, KILKENNY and CARTON.

The opinion of the court was delivered by KILKENNY, J.A.D.

In these combined appeals Bernard Smith, a long-term prisoner at State Prison, charges that: (1) the Commissioner of Institutions and Agencies did not have authority under R.S. 30:4-7 to transfer him to a state mental hospital; (2) his commitment to the Trenton State Hospital was done under circumstances fundamentally unfair and shocking to a sense of...

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