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444 LUNATICS AND INSANE. [ART. LIX
required to be made by the said lunacy commission when summoned to
do so by the Board of Directors of the Penitentiary or House of Cor-
rection, pursuant to the provisions of Chapter 715 of the Acts of 1910,
codified as Section 44 of Article 59 of the Code of Public General Laws
of Maryland of 1910.
If there is any evidence to sustain the theory of insanity the court .may
not withdraw this defense from the Jury. Purpose of this section. When
"criminal responsibility" exists. Deems v. State, 127 Md. 627.
As to the extradition of persons of unsound mind, see article 42, section
21 et seq.
See notes to this section in volumes 2 and 3 of the Annotated Code.
1904, art. 59, sec. 6. 1888, art. 59; sec. 6. 1860, art. 58, sec. 6.
1826, ch. 197, sec. 2. 1916, ch. 699.
6. Whenever any person charged with the commission of any crime,
offense or misdemeanor shall appear to the court or be alleged to be a
lunatic or insane, or if the court shall have any reason to suspect that
such person may be a lunatic or insane the court may cause the lunacy
commission to inquire whether such person is at the time of such
inquiry insane or lunatic, or of such mental incapacity as to prevent
such person from properly conducting his or her defense or advising as
to the conduct of his or her defense; and if the lunacy commission shall
find that such person is at the time of such inquiry insane or lunatic or
of such mental incapacity as to prevent such person from properly con-
ducting his or her defense or advising as to the conduct of his or her
defense, the court shall in its discretion direct such person to be con-
fined in one of the institutions referred to in the preceding section,
until he or she shall have recovered and shall stay the proceedings
against such person until that time, and upon recovery the court shall
proceed with the trial of the charge pending against such person. The
inquisition by said lunacy commission shall be made in the same man-
ner and under the same conditions as examination of convicts are now
required to be made by the said lunacy commission when summoned to
do so by the Board of Directors of the Penitentiary or House of Cor-
rection pursuant to the provisions of Chapter 715 of the Acts of 1910,
codified as Section 44 of Article 59 of the Code of Public General Laws
of Maryland of 1910.
See notes to this section in volume 2 of the Annotated Code.
Lunacy Commission.
1904, art. 59, sec. 16. 1888, art. 59, sec. 16. 1886, ch. 487. sec. 17. 1918, ch. 68.
16. The members of said commission, except as herein provided,
shall receive no compensation for their services, but such necessary
expenses as may be incurred in the performance of their duties shall
be paid by the Comptroller of the treasury on the presentation of an
itemized account with the proper vouchers; but the comptroller shall
have the power to refuse payment of expenses which he may decide to
be unnecessary.
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