ART. 59] INSANITY IN CRIMINAL CASES. 1475

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 Defence in Criminal Cases.

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 defence, 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.

Ibid. 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 discharged 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 proceedings, make any order, absolute
or conditional, for the permanent or temporary discharge of
the person upon satisfactory proof of permanent or temporary
recovery.
Hadaway v. Smith, 71 Md. 321.

Ibid. 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 shall find that such person was, at the time of the com-
mission of such act insane or lunatic and still is so, the court
shall direct such person to be confined, as directed in the pre-
ceding section, at the expense of the county or city, as the case
may be, until he shall have recovered and be discharged by due
course of law.