1108                      LAWS OF MARYLAND.                  [CH. 436

CHAPTER 436.

AN ACT to repeal Section 6 of Article 59 of the Annotated
Code of Public General Laws of Maryland (1924 Edition),
entitled "Lunatics and Insane, " sub-title "Insanity as a De-
fense in Criminal Cases, " and to enact a new section in lieu
thereof, providing for the trial and determination of the
question of insanity where insanity is set up or is expected
to be set up as a defense to an indictment for a crime, offense
or misdemeanor.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That Section 6 of Article 59 of the Annotated Code of Pub-
lic General Laws of Maryland (1924 Edition), title "Lunatics
and Insane, " sub-title "Insanity as a Defense in Criminal
Cases, " be and the same is hereby repealed and a new section in
lieu thereof be enacted, to be designated as Section 6.

Section 6. "When any person indicted for a crime, offense or
misdemeanor shall plead "not guilty by reason of insanity, "
or when any such person, personally or through counsel or other
representative, shall make known to the court, in which the case
is pending, that the said defendant is alleged to have been in-
sane or lunatic at the time of the commission of the alleged
offense and/or at the time when such report is made to the
court, or when the State's Attorney shall have reason to be-
lieve that any defendant intends to allege insanity in his or her
defense and so reports to the court in which the case is pend-
ing, or when the State's Attorney reports to the court that he
has been informed that a person indicted has been declared
to be insane, lunatic or non compos mentis, the court,, at the
request of the defendant, his counsel or other representativeT
or at the request of the State's Attorney, shall thereupon direct
that a jury be impanelled in said court to decide whether the
said defendant was at the time of the commission of the alleged
offense sane or insane and whether at the time of the hearing
thereof the said person is sane or insane; and in the selection
of such jury the parties shall have the same right of challenge
as would be allowed in the trial under the indictment; and in
the trial of such an issue the evidence shall be limited to the
question of whether the defendant was at the time of the com-
mission of the alleged offense and/or is sane or insane; and if
the jury shall find that the defendant was insane at the time
of the commission of the alleged offense and is insane at the time
of their finding, the court shall thereupon pass an order com-
mitting the person to an institution, hospital, almshouse or other
place suited, in the judgment of the court, to the condition of
such prisoner; and if the jury shall find that he was sane at the