1418 LUNATICS AND INSANE. [ART. 59

patient, and designate the rate per week which shall be reimbursed ta
the county or city of Baltimore from which said patient is committed;
but no person shall be committed as a reimbursing patient who is able
or who has relatives or other legally chargeable with the support of
said person who are able to pay the rates for private patients at the
state hospital or at any institution, home or retreat for the insane
within the State.

Insanity as a Defense in Criminal Cases.

1904, art. 59, sec. 4. 1888, art. 59, sec. 4. 1860, art. 58, sec. 4. 1826, ch. 197, sec. 1.

4. 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 offense, or still is insane, lunatic
or otherwise.

This and the following section referred to in distinguishing between men-
tal disturbance, and moral or emotional insanity. Spencer v. State, 69
Md. 41.

A finding that a husband is a lunatic and a commitment under this and
the following section, authorizes a married woman to convey as a feme
sole under article 45, section 13. Hadaway v. Smith, 71 Md. 321.
Purpose of this and the following sections. Devilbiss v. Bennett, 70
Md. 558.

Ibid. sec. 5. 1888, art. 59, sec. 5. 1860, art 58, sec. 5. 1826, ch. 197, sec. 1.

1898, ch. 465.

5. If the jury find by their verdict that such person was at the time
of committing the offense 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 be confined until he shall have recovered his reason and be dis-
charged by due course of law. And any judge of the circuit court for
any county where such person is detained or of the supreme bench of
Baltimore city, as the case may be, may, upon habeas corpus proceed-
ings, make any order, absolute or conditional, for the permanent or
temporary discharge of the person upon satisfactory proof of perma-
nent or temporary recovery.

See notes to sections 4 and 8.

Ibid. sec. 6. 1888. art. 59, sec. 6. 1860, art 58, sec. 6. 1826, ch. 197, sec. 2.

6. Where any person arrested for improper or disorderly conduct,
or charged with any crime, offense or misdemeanor against whom no
indictment has been found shall appear to the court or be alleged to
be a lunatic or insane, the court shall cause a jury of twelve good and
lawful men to be impanelled forthwith and shall charge said jury to
inquire whether such person was at the time of the commission of the
act complained of insane or lunatic and still is so; and if such jury