State v. Barker

Per Ctjriam.

The record shows that upon evidence before the judge of the district court he found that the defendant appears to be insane, and thereupon ordered ■ that the question of his sanity be submitted to a jury pursuant to sections 454, 551 and succeeding sections of the criminal code. Under these statutes the inquiry as to the sanity of the convict is committed largely to the discretion of the judge of the district court of the county in which the penitentiary is located and to whom the application is made. In his discretion he has power to stay the execution of the sentence, when the…