People ex rel. Forrester v. Sheriff
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Josephine Forrester, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 28tli day of May, 1906, dismissing writs of habeas corpus and certiorari theretofore issued upon the application of the relator, and remanding Peter Forrester, an alleged incompetent, to the custody of the respondent.
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Appeal by the relator, Josephine Forrester, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 28tli day of May, 1906, dismissing writs of habeas corpus and certiorari theretofore issued upon the application of the relator, and remanding Peter Forrester, an alleged incompetent, to the custody of the respondent. The relator’s husband being held in confinement under an indictment in the county of Yew York for grand larceny, the court appointed a commission of three to examine him and report to the court…
1Opinion of the Court
Gaynor, J.:
Section 658 of the Code of Criminal Procedure provides that if a defendant in confinement under an indictment appears to be “insane” the court may appoint a commission to examine him and report to the court “ as to his sanity.” The next section provides *862that if the commission find the defendant “insane” the trial must be suspended until he becomes sane, and the court, if it deem his discharge dangerous to the public peace or safety, must commit him to a State lunatic asylum until he become sane.
The jurisdiction of the court to commit the defendant to a lunatic asylum is thus made…
2Cited by1 opinion
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