State v. Lindner

HENLEY, Judge.

This is a proceeding commenced by application pursuant to § 552.040, subd. 4 1 , by which defendant seeks his release from custody of the Director, Division of Mental Diseases, to whom he had been committed as a result of his acquittal of the offense of armed robbery on the ground that he had a mental disease or defect excluding responsibility. Section 552.030. The application attacked the constitutionality of § 552.040 on the grounds that it deprived defendant of due process and equal protection of the law guaranteed by the U.S. Const. Amend XIV, § 1. The trial court denied the…