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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 811   View pdf image (33K)
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LUNATICS AND INSANE. 811

ARTICLE 59.

LUNATICS AND INSANE.

Insanity as a Defense in Criminal Cases.

6. Jury trial; judge may order prisoner
examined.

Board of Mental Hygiene.

21A. Sanity of veterans; commitment to
U. S. Veterans' Hospital.

Rosewood State Training School,

55. Repealed.

Lunatic or Insane Paupers.
1.

This section referred to—see notes to art. 16, sec. 37. Lowe v. Lowe, 150 Md.
603.

Insanity as a Defense in Criminal Cases.

An. Code, 1924, sec. 6. 1912, sec. 4. 1904, sec. 4. 1888, sec. 4. 1826, ch. 197, sec. 1.
1916, ch. 699. 1931, ch. 436. 1933 (Special Sess.), ch. 81.

6. When it is desired to interpose the defense of insanity or lunacy
on behalf of one charged with a crime, offense or misdemeanor, the defend-
ant, his or her counsel, or other person authorized by law to appear and
act for him or her, shall, at the time of pleading to the indictment or
information, unless the court for good cause shown shall otherwise order,
file a plea in writing, in addition to the plea or pleas required or permitted
by law, alleging that the defendant was insane or lunatic at the time of
the commission of the alleged crime, offense or misdemeanor, and/or that
the defendant is insane or lunatic at the time of the trial. Whenever the
plea of insanity or lunacy shall be interposed by or on behalf of any
defendant, the jury impanelled to try such a person, or the court shall
not be required to state in their verdict that the person so charged was
sane at the time of the commission of the crime, offense or misdemeanor,
and/or sane at the time of the trial, if they so find, and if the jury or the
court shall not specifically state in their verdict that the defendant was
insane at the time of the commission of the crime, offense or misdemeanor,
or that the defendant was insane at the time of the trial, it shall be con-
clusively presumed that they found such defendant to be sane at the
time of the commission of the crime, offense or misdemeanor, and/or
sane at the time of the trial, as the case may be; provided, however,
that in any case where the plea of insanity or lunacy is interposed
the court shall, upon the application of the State or of the defendant,
or may upon its own motion, direct any jury impanelled to try such case


 

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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 811   View pdf image (33K)
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