Mabry v. Hoye
Mississippi Supreme Court
Appeal from circuit court of Lauderdale county. IIon. W. E. Baskin, Special Judge. Habeas corpus by W. C. Mabry, Sheriff of Newton County, against M. J. L. Hoye, Superintendent of East Mississippi Insane Hospital, to obtain the custody of J. N. Horne, an insane person. Petition dismissed, and petitioner appeals.
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Appeal from circuit court of Lauderdale county. IIon. W. E. Baskin, Special Judge. Habeas corpus by W. C. Mabry, Sheriff of Newton County, against M. J. L. Hoye, Superintendent of East Mississippi Insane Hospital, to obtain the custody of J. N. Horne, an insane person. Petition dismissed, and petitioner appeals. Now, of course, it is elementary learning that insanity will either exempt a person charged with crime from being tried, or, in the trial, rebut the charge of guilt; that an insane person cannot even plead to an indictment; that if he was insane when he committed the alleged crime he…
1Opinion of the CourtSykes, J.
W. C. Mabry, the sheriff of Newton county, sought by means of habeas corpus proceedings to obtain the custody of J. N. Horne, who was insane and confined in. the East Mississippi Insane Hospital. Hr. M. J. L. Hoye as superintendent of this hospital was made the defendant. The petition alleged that the grand jury of Newton county had returned a bill of indictment against Ilorne charging him with murder. The cause was tried on pleadings and proof. The record shows that Horne had been tried and adjudged a lunatic under section 3219, Code of 1906, section 5561, Hemingway’s Code. After being…
2Cited by6 opinions
- Ex Parte GilbertCourt of Criminal Appeals of Oklahoma · 1941
- Ex Parte PottsCourt of Criminal Appeals of Oklahoma · 1949
- Ex Parte YandellCourt of Criminal Appeals of Oklahoma · 1933
- Hoye v. StateMississippi Supreme Court · 1934
- Lawrence W. Green v. United StatesCourt of Appeals for the D.C. Circuit · 1965
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