Com. Ex Rel. Mulligan v. Smith, Warden

We have given this petition for writ of habeas corpus earnest and careful attention.

The point involved is whether a convict, serving a sentence for burglary in a county jail, who, on petition of the warden, is committed as an insane criminal to a State Hospital for the Insane, after an examination by two physicians appointed by the court, under the Mental Health Act of July 11, 1923, P.L. 998, (sec. 308), and who escapes from said hospital, can be legally sentenced to the penitentiary on pleading guilty to crimes committed in another county while thus at large, if on his arraignment and…