Durham v. Callahan

This is an appeal by the state from an order entered after trial on a petition for a writ of habeas corpus. The petitioner was discharged from custody.

July 21, 1951, by a special verdict under Rem. Rev. Stat., § 2175, RCW 10.76.030, a jury found: (1) that Nelson Durham had committed the acts of which he was charged; (2) that he was not guilty by reason of mental irresponsibility existing at the time of the charged offenses; (3) that he was sane at the time of trial; and (4) that he was an unsafe person to be at large because of the likelihood of a relapse or recurrence of the mentally…