Marsh v. Henderson

Mr. Chiee Justice Burnett

delivered the opinion of the Court.

This is a habeas corpus petition, hut it is unlike any other that we have had before this Court. After having an evidentiary hearing on this petition it was denied and an appeal has been seasonably perfected.

On April 12, 1954, the petitioner, Marsh, was arrested and charged with murder in the first degree in Madison County. In the early part of May of that year on a plea of present insanity he was committed to the Western State Hospital for hospitalization and was found insane to the extent that he could not distinguish right from…