Emery v. State

I respectfully dissent. As mentioned in the main opinion, Mrs. Varley was admitted to the Utah State Hospital pursuant to the provisions of Section 64-7-29, U.C.A. 1953, which provides as follows:

The superintendent of the Utah State Hospital may admit for observation, diagnosis, care, and treatment any individual who is mentally ill or has symptoms of mental illness and who, being sixteen years of age or over, applies therefor, and any individual under sixteen years of age who is mentally ill or has symptoms of mental illness, if his parent or legal guardian applies therefor in his behalf.

The…