In re Clark

The opinion of the court was delivered by

Benson, J.:

On a trial for murder George W. Clark introduced evidence to prove that he was insane when the homicide occurred. The jury found the defendant not guilty because at the time of the commission of the offense he was insane. Thereupon the defendant was committed to the asylum for the dangerous insane for safe-keeping and treatment, and was in that institution when this writ was issued. The contention is that the *540statute under which he was committed is ex post facto as to Clark; that it is unconstitutional because it deprived him of the right to…