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STATE v. LEISCHNER

No. 82-137.

650 P.2d 797 (1982)

STATE of Montana, Plaintiff and Respondent, v. Gene D. LEISCHNER, Defendant and Appellant.

Supreme Court of Montana.

Decided September 10, 1982.

Attorney(s) appearing for the Case

Nick Rotering, Sp. Asst. Atty. Gen., Helena, John Connor, County Atty., Boulder, for plaintiff and respondent.

Hull & Sherlock, Jeffrey M. Sherlock, Helena, for defendant and appellant.

MORRISON, Justice.

Appellant appeals from an order entered by the Fifth Judicial District Court of the State of Montana denying appellant conditional release from custody at Warm Springs State Hospital. We reverse.

By judgment entered February 2, 1977, appellant was committed to the custody of the superintendent of Warm Springs State Hospital, pursuant to the provisions of section 95-508, R.C.M., 1947 (now section 46-14-301(2), MCA). Appellant has resided...

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