People v. Bernstein

Scudder, J. (dissenting).

Defendant was indicted for murder, and thereafter entered a plea of insanity. He was subsequently declared insane by a commission, and is now in custody. After he had examined the grand jury minutes, defendant’s counsel moved to dismiss the indictment. This motion was denied by the county judge, and the defendant appealed. The district attorney then moved to dismiss the appeal on the ground that the order appealed from is not appealable. If the district attorney’s motion is granted, the defendant must remain in a State institution for insane criminals, charged with a…