Legal Opinion

State v. McCredden

Wisconsin Supreme Court

Decided January 31, 1967PublishedCited by 2 opinions

1Opinion of the CourtCurrie, C. J.

This appeal presents the question of the proper procedure to be followed where the issue of an accused’s mental competency to stand trial is raised at the point in a criminal prosecution when he is brought before a magistrate following arrest for a felony. It is a question of first impression in this court.

The statute applicable to the instant action is sec. 957.13, the first three sections of which provide as follows :

“(1) If the court is reliably advised before or at his trial or after conviction and before commitment that the defendant is probably insane or feeble-minded, the court shall…

2Cases cited9 opinions

  1. Dusky v. United StatesSupreme Court of the United States · 1960
  2. Pate v. RobinsonSupreme Court of the United States · 1966
  3. Lem Woon v. OregonSupreme Court of the United States · 1913
  4. State v. StricklandWisconsin Supreme Court · 1965
  5. State Ex Rel. White v. SimpsonWisconsin Supreme Court · 1965

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. State Ex Rel. Klinkiewicz v. DuffyWisconsin Supreme Court · 1967
  2. Schwader v. DISTRICT CT. IN AND FOR TENTH JUD. DIST.Supreme Court of Colorado · 1970

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