clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2497   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

LUNATICS AND INSANE 2497

those against whom such claims exist. All payments received as a result
of the enforcement of such claims shall be accounted for and paid as herein-
before provided.

An. Code, 1924, sec. 5. 1912, sec. 3B. 1916, ch. 566, sec. 3B.

5. The County Commissioners or the Department of Welfare, as the
case may be shall have full power and authority, in the case of all persons
heretofore committed to any institution under the provisions of the pre-
ceding Sections of this Article and still confined therein, to exercise all
of the powers conferred upon them by Section 4 of this Article with respect
to persons hereafter to be so committed, to the end that payment for the
future maintenance and support of such persons while in such institutions
may be required, made, collected, and accounted for as in the case of per-
sons hereafter to be committed under the provisions of said Section 4.

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 de-
fendant, 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 to find specially,
by its verdict, whether the accused was sane at the time of the commission
of the crime, offense or misdemeanor, and whether he be sane at the time
of the trial. The judge of the court, in which such indictment or informa-
tion is pending, shall have full power and authority at any time, before
trial, to order an examination of the mental condition of such person by
the Board of Mental Hygiene, which examination shall be made in the
same manner and under the same conditions as examinations of convicts
are now required to be made by the said Board of Mental Hygiene when
summoned to do so by the Board of Welfare, pursuant to the provisions
of Section 47 of this Article.


 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2497   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  Cannot perform flastmod(): Win32 Error Code = 2

Maryland State Archives