Albert 0. Ritchie/Governor.                1109'

time of the commission of the alleged offense, but insane at the*
time of said hearing, the court shall thereupon pass an order
committing the person to an institution, hospital, almshouse or
some other place suited, in the judgment of the court, to the
condition of such prisoner, there to be confined until he shall
have recovered his reason, at which time he may be placed upon
his trial under said indictment; and if the jury shall find that
the prisoner was insane at the time of the commission of the
alleged offense but sane at the time of the hearing, the person:
shall be thereupon discharged, and not required to answer the
indictment; and if the jury shall find that the person at the
time of the commission of the alleged offense was sane and then
is sane, the jury shall be discharged, and the trial on the ques-
tion of his guilt or innocence of the matter charged shall pro-
ceed before the court or jury as the defendant may elect, and it
shall be proper for the defendant or for the State to introduce'
on the latter trial, the finding of the jury on the question of the
sanity of the defendant at the time of the commission of the1
alleged offense, and at the time of such hearing; if the jury
selected and impanelled to determine the question of sanity
alone, as herein provided for, shall find the person sane at the
time of the commission of the alleged offense and sane at the
time of its finding, and that thereafter during the trial of suck
person on the indictment, he shall offer evidence tending to
show his mental incapacity it shall not be necessary for the*
court or jury before which the case is being tried to say by its ver-
dict whether such person was or is sane or insane; and if the de-
fendant or the State shall offer evidence tending to show in-
sanity or sanity, it shall be proper for either side to show that
the same or similar evidence was introduced in the hearing be-
fore the jury especially impanelled to pass on the question of
the sanity of the defendant.

Approved April 17, 1931.

CHAPTER 437.

AN ACT to repeal and re-enact with amendments Section 243'
of Article 93 of the Annotated Code of Maryland (Edition
of 1924), relating to powers of the Orphans7 Court.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That Section 243 of Article 93 of the Annotated Code of
Maryland (Edition of 1924), be and the same is hereby repealed
and re-enacted, to read as follows:

Section 243. The court shall have full power to take probate
of wills, grant letters testamentary and of administration, direct.