State Ex Rel. Castille v. Cooke

HIGGINS, Justice.

The mother, as surviving parent, instituted this habeas corpus proceeding against the paternal grandmother and aunt, to recover the custody of her eleven year old daughter, whom she had intrusted to them.

The defense is that the mother’s men.tal condition is so impaired that the physical and mental welfare of the child would be endangered and jeopardized, if she were returned to her mother’s custody.

The case was tried before a judge ad hoc, who, in substance, concluded that while relator was mentally deranged, the evidence was not sufficient to convince him that the mother was…