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HELENA (RP) — The Mon tans‘ Supreme Court ordered Wednesday that three-year-old charges of rape and first-de gree assault be dismissed against “William T.. Main on grounds of mental illness. ‘The high court's umanimous opinion noted that its reversal for a lower court will not result Sin Main going free. Main was charged with the ‘crimes by Dillon authorities in March of 1971. IfAfter undergoing court-or dered Psychiatric tests, Main was ordered committed to Warm Springs State Hospital until such time'as he was able to understand the nature of the proceedings against him and be ‘able to’ assist in his own de fense, but one year ago, lawyers Main petitioned the lower court to ‘drop the charges on the grounds that Main was suf fering from a mental disease or defect, which rendered him unable to realize he was treak ing the law and which pre vented him from conforming his conduct to the requirements of the law. _ A hearing on the matter was held before District Court Judge Frank E. Blair last No vemer. At the hearing, t here was conflicting testimony about Main's condition from two psy chiatrists, ‘Blair ruled that 2 jury would have to determine whether Main was mentally il at the time of the crime.” As a result, new charges were filed in connection with the same incident. The high court reversed Hair and ordered the lower court to conduct commitment” proceed ings for Main. The Supreme Court said there is ‘nothing for'a jury to determine, because the ques tionable testimony came from a psychiatrist who examined Main two and one-half years after the crime. Associate Justice John Con way Harrison, writing the opin ion of the court, said the over whelming weight of all testi mony is that Main suffered from such mental illness as to prevent him being responsible for his acts. Harrison said a person com mitted to a state, mental hospi tal in a criminal matter, may not be released unless freedom is recommended by the super intendent and ‘a hearing before a district court judge shows be yond a reasonable doubt that the person will not be dan gerous in the forseeable future. Judicial supervision of the re lease of a person committed to a state institution is designed to protect the public was, well as the individual placed in the in stitution, the high court said.
Newspaper Details
Billings Gazette
Billings, Montana, US
Thu, Aug 01, 1974
Page 46
Full Page
Clipped by
Crystal M.
USA 05 Sep 2026
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