Schauer v. Smeltzer
Supreme Court of Colorado
1Opinion of the CourtJustice Erickson
George Washington Smeltzer was charged with assault with a deadly weapon and assault to murder and entered a plea of not guilty and not guilty by reason of insanity. On March 1, 1967, he was found not guilty by reason of insanity in a trial before a jury and was committed to the Colorado State Hospital. Thereafter, on December 10, 1968, pursuant to C.R.C.P. 106(a)(4), he filed a petition for writ of habeas corpus alleging that he was entitled to release pursuant to 1965 Perm. Supp., C.R.S. 1963, 39-8-4 (13), which provides that:
“(13) (a) Any defendant committed to or held in the state…
2Cases cited12 opinions
- Duane Earl Pope v. United StatesCourt of Appeals for the Eighth Circuit · 1967
- United States v. Jerry Neale AlbrightCourt of Appeals for the Fourth Circuit · 1968
- Winfred Overholser, Superintendent, St. Elizabeths Hospital v. John D. LeachCourt of Appeals for the D.C. Circuit · 1958
- Larry Edward Alexander v. United StatesCourt of Appeals for the Eighth Circuit · 1967
- State v. MyersSupreme Court of South Carolina · 1951
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3Cited by1 opinion
- Brisbin v. SchauerSupreme Court of Colorado · 1971