Davis v. Britt

Paul Ward, Justice.

The question here presented is novel, important and, insofar as we can ascertain, is without direct precedent in this State.

Briefly stated, the question is: Does the judiciary or the State Hospital have the authority to determine the “sanity” or the “insanity” of a person on trial for first degree murder? The material background facts out of which this question arose are set out below.

We now examine the statutes relied on to sustain this contention.(1) Ark. Stat. Ann. § 41-108 (Repl. 1964), which reads:

“A lunatic, or insane person without lucid intervals, shall not be found…