State v. Spear

This is an appeal from an order of the district court committing the defendant to the Vermont State Hospital in Waterbury. We reverse.

The facts are as follows. The defendant was charged with disorderly conduct, a misdemeanor under 13 V.S.A. § 1026(1). According to the affidavit of probable cause he was in a Dunkin’ Donuts shop screaming that United States Senator Robert Stafford did not have any legs because he was a third nation. On March 5,1981, the defendant appeared in court for arraignment. He was not represented by counsel.

The court was advised that the defendant had been a patient at…