In Re Remus

Counsel for the respondent assign various reasons for reversal of the judgment of the Court of Appeals. It is claimed that the Court of Appeals erroneously assumed jurisdiction in habeas corpus, for the purpose of determining the sanity of the inmate; that by assuming jurisdiction and awarding the writ of discharge, it thereby substituted its judgment of the patient’s mental condition for that of the superintendent of the Lima State Hospital; that the Court of Appeals erroneously disregarded the rule requiring the petitioner to prove his sanity by clear and convincing evidence; and that it…