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STATE EX REL. ALLEN v. RADACK

No. 11800.

246 N.W.2d 661 (1976)

STATE of South Dakota upon relation of T. L. ALLEN, Petitioner and Respondent, v. Darrel RADACK, Superintendent, Human Services Center, Yankton, South Dakota, Defendant and Appellant.

Supreme Court of South Dakota.

November 12, 1976.

Attorney(s) appearing for the Case

Laurence J. Zastrow and Ronald E. Brodowicz, Rapid City, for petitioner and respondent.

Peter H. Lieberman, Asst. Atty. Gen., Pierre, for defendant and appellant; William J. Janklow, Atty. Gen., Pierre, on the brief.

BRANDENBURG, Circuit Judge.

Petitioner was tried in Pennington County, South Dakota, on a charge of murder and his defense was a plea of "not guilty by reason of mental illness." The jury returned a verdict in accordance with the plea. The trial judge committed the petitioner to the Human Services Center in Yankton, South Dakota. Petitioner filed a petition for writ of habeas corpus in the county where the center is located. The circuit judge granted the writ and...

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