Commonwealth v. Barnes

Opinion by

Mr. Chief Justice Moschzisker,

Appellant was convicted of a capital offense. On February 12, 1924, while he was in prison awaiting execution of a death sentence, one F. W. Goddard, designating himself as an “Ensign of the Salvation Army,” filed a petition stating his “belief” that the prisoner was insane and praying that he be removed to a hospital, “as provided by the Act of May 14, 1874, P. L. 160.” This petition was supported by an affidavit of a sister of the *353prisoner, expressing her belief that he is “irresponsible and does not realize the gravity of the crime he committed,” by…