State v. Pertuisot

CLEMENS, Presiding Judge.

In 1967 the trial court found defendant Marvin James Pertuisot not guilty of arson by reason of insanity. The court committed him to Fulton State Hospital pursuant to § 552.040, subd. 1, RSMo 1969. In 1975, contending he had recovered, defendant pe*193titioned the circuit court for release under paragraph 4. of § 552.040. After an eviden-tiary hearing defendant has appealed from the judgment denying relief.

Defendant contends here that the trial court erred in denying his release because the evidence of his present condition warrants release and also erred because he is no…