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State Alaska v. Frank Augie Alto

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eBook details

  • Title: State Alaska v. Frank Augie Alto
  • Author : Supreme Court of Alaska
  • Release Date : January 12, 1979
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

MATTHEWS, Justice. OPINION. In a prior opinion in this case, we reversed defendant's murder and grand larceny convictions because the state had failed to sustain its burden of proving defendant's sanity beyond a reasonable doubt after defendant had presented testimony raising the issue. Alto v. State, 565 P.2d 492 (Alaska 1977). We remanded the case to the superior court for further proceedings pursuant to AS 12.45.090 which provides: Commitment after judgment of not guilty. If the jury finds the defendant not guilty on the ground of mental disease or defect and the court considers his being at large dangerous to the public peace or safety, the court shall order him to be committed to an institution authorized by the commissioner of health and social services to receive that person, and held in custody until the disease is cured or the defect corrected or he is otherwise discharged from the institution by authority of law.


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