Foote v. State

CRIST, Judge.

Appeal from the denial of an application for release from a state mental hospital pursuant to § 552.040, RSMo. (Supp.1980). We affirm.

Movant was committed to Fulton State Hospital on September 22,1978, pursuant to court order. His commitment resulted from a finding he was not guilty of capital murder by reason of mental disease or defect.

At the hearing on the application, movant testified he no longer had a mental disease or defect. Movant had no other evidence. The State presented psychiatric evidence that movant was suffering from schizophrenia, required continued treatment and…