State v. Wilcox

Defendant was charged with first- and second-degree arson. He was committed to Western State Hospital for observation as to (1) his competency to stand trial and (2) his legal sanity at the time of the charged offenses. When the matter came to trial before the court, both sides stipulated that defendant was competent to stand trial and that he was criminally insane when the acts of arson were committed.

The criminally insane procedures statute requires a determination of whether the defendant, if acquitted because of insanity, is (1) a substantial danger to other persons, (2) whether he…