Ex Parte McKenzie

LATTIMORE, Judge.

This is an original application for habeas corpus asking that applicant be discharged from unlawful restraint and incarceration, or “For such other remedy that this Honorable Court may deem just and right according to the laws and statutes made and provided.” The application is made, based on an affidavit stating that applicant was insane at the time of his trial and conviction of murder.

Insanity is a sort of generic term, comprehending all kinds and conditions of mental unsoundness and derangement, and its existence vel non is an issuable fact, — and as understood and…