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Nelson v. State

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eBook details

  • Title: Nelson v. State
  • Author : Supreme Court of Appeals of West Virginia
  • Release Date : January 30, 1967
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 69 KB

Description

On December 12, 1963, plaintiff in error, Daniel A. Nelson (hereinafter "defendant") was charged with aggravated battery and robbery by force in violation of secs. 940.22 and 943.32 (1) and (2), Stats. On the same day defendant was brought before Judge George A. Richards, sitting as a magistrate, whereupon he entered a plea of guilty to the charges thereby waiving the right to a preliminary examination. Upon a showing of indigency and the request of defendant for the appointment of Attorney Stanley E. Dennin (now deceased) as his counsel, an order was entered appointing Mr. Dennin. Bail was set at $5,000 which sum defendant was unable to post. On December 19, 1963, Judge Richards, pursuant to sec. 957.13 (1) and (2), Stats., after a summary inquiry, determined defendant was mentally unable to stand trial and committed him to Central State Hospital. Approximately six months later, on June 1, 1964, a report signed by the superintendent of Central State Hospital was filed with the court stating defendant was a "fit subject to further proceedings."


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