State v. Pautz

Todd, Justice.

Defendant, charged with aggravated assault, Minn. St. 609.225, subd. 2, waived his right to a jury trial and submitted the issue of his guilt or innocence to the trial court. At the close of the case, the trial court on its own motion found defendant not guilty by reason of the fact that he was mentally ill and further found that he manifested homicidal tendencies. Defendant was committed under the automatic commitment statute. Minn. St. 631.19. We reverse.

Defendant was charged with committing an act of aggravated assault upon his wife on January 30, 1972. Defendant and his wife…