Devilbiss v. Bennett

Miller, J., delivered the opinion of the Court. Sections 4 to 11 of Article 58 of the Code of 1860, have long been part of the law of the State, and have been re-enacted without alteration by the adoption of the recent Code, which is the last expression of the Legislative will upon the subject. Code of 1888, Art. 59, secs. 4 to 11. They provide a mode by which lunatics, and insane persons when tried for or charged with the commission of crime shall he humanely dealt with and treated.

They recognize the rule which prevails in all civilized nations that such unfortunate persons ought not to he subject to the same penalties or treatment as are justly meted out to those who are sane. The provisions are, first, that when any person indicted for a crime or misdemeanor shall allege insanity or lunacy as a defence, the jury empannelled to try him shall find by their verdict whether he was at the time of the commission of the offence, or still is, insane, lunatic or otherwise, and if they find that he was and still is insane or lunatic, the Court shall cause him to he sent to the almshouse, or to an hospital, or some other place better suited in the judgment of the Court to his condition, .there to be confined until he shall have recovered his reason and be discharged by due course of law. Second, that when any person arrested for, or charged with, any offence, against whom no indictment has been found, shall appear to the Court or he alleged to be lunatic or insane, the Court shall cause a jury of twelve good and lawful men forthwith to be empannelled, and shall charge them to inquire into the matter, and if they find he was insane at the time the act ⁵⁵⁷ complained of was committed and still is so, then the Court is required to make a like disposition of him. Third, if during the recess ofthe Court any person appearing or alleged to he insane shall he arrested and charged with any offence before the Judge thereof, he shall issue an order to the sheriff, requiring him forthwith to summon a like jury and charge them to make a like inquiry, and if they return a like verdict or inquisition, the Judge is required to deal with the party in the same manner, and it is expressly provided that these qorovisions “shall apply to the case of any person who may he arrested on any process issued by any Court or Judge of this State, ftranded on oath, requiring security to keep the peace and who shall fail to give such security." Fourth, that if any such insane or lunatic person, who has not been indicted shall be possessed of real and personal property, the annual profit or rent of which shall he adequate to his reasonable support in any hospital or asylum for the insane, the Court or Judge shall appoint a trustee for his estate and require such trustee to give bond “with condition that he will cause the said lunatic or insane person to he confined and supported in some hospital or insane asylum until he shall have recovered his reason, and that he will faithfully administer and fully account for all such estate, income and effects of said lunatic or insane person as shall come to his possession or he under his care or direction." Whenever, therefore, criminal process of any kind is put in force, against one who appears or is alleged to he insane, the law furnishes him protection, and forbids that he shall be punished or treated as a sane person would he under similar circumstances.

When not under indictment the intervention is required to be prompt and immediate. His mental condition is at once ascertained by a public investigation before a ⁵⁵⁸ competent and impartial jury, in order that no injustice may be done him in this respect. If found to be insane he is placed in an asylum where he can be properly treated to the end that his reason may, if possible, be restored, and where he will be prevented from committing further criminal acts, or doing violence to himself or others while he remains in this fearful and sad condition. Such legislation is altogether beneficent, was enacted in the interest and for the protection of an unfortunate class of the community, and this explanation of its character and object practically decides the case before us.

A peace warrant was issued by a magistrate, on the 15th of June, 1886, during the recess of the Court, on the oath of Benjamin D. Franklin, who swore that he was afraid the appellant will injure his own family and the said Franklin or do them some bodily hurt. Under this warrant the appellant was arrested by the sheriff, in order that he might be