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Legal Opinion

State Ex Rel. Barnes v. Behan

South Dakota Supreme Court

Decided October 23, 1963No. File 10071PublishedCited by 23 opinions

1Opinion of the CourtBiegelmeier, J.

From the meager record in this hapeas corpus proceeding, it appears on March 26, 1962 Robert Barnes attempted to kill his former wife and did kill a man with whom she had been associating. Tried for murder, a jury returned a verdict of "not guilty by reason of insanity" on October 3, 1962. SDC 1960 Supp. 34.3672 provides:

"If the defense involves the sanity of the defendant when the alleged crime was committed, the jurors must be instructed, if they acquit him on the ground of insanity at that time, to state the fact in their verdict. The Court may thereupon, if the defendant is in custody and…

2Cases cited12 opinions

  1. Lynch v. OverholserSupreme Court of the United States · 1962
  2. Donald Ragsdale v. Winfred Overholser, Superintendent, St. Elizabeths HospitalCourt of Appeals for the D.C. Circuit · 1960
  3. State v. ViolettSouth Dakota Supreme Court · 1961
  4. Overholser v. De MarcosCourt of Appeals for the D.C. Circuit · 1945
  5. People v. DubinaMichigan Supreme Court · 1943

7 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Taylor v. Commissioner of Mental Health & Mental RetardationSupreme Judicial Court of Maine · 1984
  2. People v. ChavezSupreme Court of Colorado · 1981
  3. State v. KindvallSouth Dakota Supreme Court · 1971
  4. State v. BlubaughWashington Supreme Court · 1971
  5. State v. WaughSouth Dakota Supreme Court · 1964

18 more not listed; retrieve them via the Exa API.

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