Wagner v. Mayor of Baltimore

³⁰⁶ Pattison, J., delivered the opinion of the Court. In 1905 George E.. Wagner, Jr., was tried in the Criminal Court of Baltimore City upon the charge of murder. The jury returned a verdict of “Not Guilty” because of insanity, and he was committed by the Court to the Springfield State-Hospital, where he has been an inmate ever since.

The appellants-, upon their petition were appointed committee for said George E. Wagner, Jr., .by a decree- of the Circuit Court of Baltimore City, passed on the 28th day of Alarch, 1918. The petition alleged that the personal estate held by him at such time amounted to eight hundred and fifty dollars ($850.00), consisting of money in bank and a one-half interest in an insurance policy upon the life of one George W. Wagner, in which George E. Wagner, Jr., was a beneficiary. ■On the 26th day of April, 1918, the Mayor & City Council of Baltimore filed their petition in said Circuit Court of Baltimore City, in which they alleged that the said George E. Wagner, Jr., was an insane patient in said institution, where he was being supported and maintained at the expense of the City, and where he had been so supported and maintained at its expense since December 15th, 1905; and asked the- Court to pass an order authorizing and directing the said committee-to pay to them the sum of three hundred dollars ($300.00) for the support and maintenance of said George E. Wagner, Jr., from April 22nd, 1915, to April 22nd, 1918. The committee answered the petition, stating that the estate of said Wagtner at such timei was approximately of the value of eight hundred dollars ($800.00), and admitting that he was an insane patient at the Springfield Hospital where he-had been confined since December 15th, 1905, but denied that he was a charity patient of the city, in that he “was tried before a jury in the Criminal Court of Baltimore City on an indictment charging him with murder and the jury * *.* returned a verdict of ‘Not guilty because of Insanity/ and the judge, presiding in said Court, sentenced the said George E: Wagner, Jr., to the Springfield Hospital for the Insane,” and alleging therein that under such proceedings and commitment,. ³⁰⁷ they were not legally bound, to pay the city for the support and maintenance of said lunatie, while so confined in said institution. Upon the petition and answer, the Court passed its order, dated Sept. 20th, 1918, directing the committee to pay to the petitioners out of the estate of George E. Wagner, Jr., the said sum, of three hundred dollars ($300.00) for his maintenance and support in said institution for the period above named, and the further sum! of one hundred dollars ($100) per annum for such period as the said George E. Wagner, Jr., should continue to be at said hospital at the expense of the City of Baltimore.

From that order this appeal has been taken. Section 4 of Article 59 of the Code (1912) of Public General Laws, of this State provides that: “When any person indicted for a crime or misdemeanor shall allege insanity or lunacy in his defense, the jury impanelled to try such person shall find by their verdict whether such person was, at the time of the commission of the offence, or still is insane, lunatic or otherwise.” And by section 5 of said article it is provided that: “If the jury find by their verdict that such person was at the time of committing the offence and then is insane or lunatic, the court before which trial was had shall cause such person to be sent to the almshouse of the county or city in which such person resided at the time of the commission of such act, or to a hospital, or some other place better suited in the judgment of the court to the condition of such prisoner, there to he confined until he shall have recovered his reason and he discharged by due course of law.” By section 45 of said article it is, provided that: “for each patient in any State hospital for the insane from Baltimore City or any one of the counties in the State, the said city or county, as the case may be, shall as herein specified pay into the State treasury the sum of one hundred dollars ($100.00) for the