Moses v. Tarwater

The petitioner seeks his discharge from Bryce Hospital, a State Institution for the treatment of insane persons, on two grounds. The first is that the statutes under which he was committed to said institution are violative of the due process clauses of the Constitutions, both State and Federal, in that §§ 208 and 210, Title 45, Code of 1940, leave to the discretion of the probate judge of the county of petitioner’s residence whether he shall be committed with or without notice and a hearing. The second is that he is now sane and illegally restrained of his liberty.

The petition and the exhibit…