Magenton v. State

This is a habeas corpus proceeding. The appellant was convicted of manslaughter in the first degree and is now serving his sentence of ten years in the state penitentiary. He was received there on December 22, 1952. After a hearing on the writ the circuit court ordered it quashed and remanded him to the custody of the warden of the penitentiary. He appeals from that judgment.

The application for the writ claims that at the time of his trial there existed a doubt as to his sanity. With this as a premise he proceeds to urge that because his mental status was not inquired into as provided in SDC…