People ex rel Peabody v. Baker

Bpon application duly made, a writ of habeas corpus was allowed by which Harry K. Thaw was directed to be produced in court. In the petition it is alleged that said Thaw is illegally imprisoned and restrained of his liberty by Amos T. Baker, acting superintendent of Hatteawan State Hospital, a State institution for the insane.

Thaw’s detention is attacked upon the grounds:

First. That he is now sane.

Second. That the act under the provisions of which he was committed and detained is unconstitutional and that the ' court was without jurisdiction to issue the order of commitment and such order was…