Baker ex parte
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. The circuit judge is without authority to issue the certificate of commitment to the asylum, and the statute conferring that authority is void. Yianfleet on Collateral Attack, § § 16, 63, 67; 5 Ark. 485; 48 Id. 308; Const., art. 7, § 34, art. 19, § 19;. Kirby’s Dig., § § 1550, 1551, 2277, 4204-7; 58 Ark. 407; 23 Cyc. 1597,1609; Odronaux on Jud. Insanity, 36. The act of April 13, 1893, is unconstitutional.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. The circuit judge is without authority to issue the certificate of commitment to the asylum, and the statute conferring that authority is void. Yianfleet on Collateral Attack, § § 16, 63, 67; 5 Ark. 485; 48 Id. 308; Const., art. 7, § 34, art. 19, § 19;. Kirby’s Dig., § § 1550, 1551, 2277, 4204-7; 58 Ark. 407; 23 Cyc. 1597,1609; Odronaux on Jud. Insanity, 36. The act of April 13, 1893, is unconstitutional. Art. 2, § 10; Const. U. S., art. 7. The act is not unconstitutional. Const., art. 7, § 34; Act April 19, 1873; Kirlby’s…
1Opinion of the CourtMcCulloch, C. J.
The petitioner is confined in the State Hospital for Nervous Diseases (originally known as the Arkansas State Lunatic Asylum) under a certificate of the judge of the circuit court of Franklin County, where he was tried, according to the substance of the certificate, on a charge of murder and acquitted on his plea of insanity. He sued out a writ of habeas corpus 'before the chancellor of the Pulaski Chancery Court against the superintendent of said institution and sought to be discharged from custody under the writ on the ground that he was unlawfully detained. The chancellor sustained the…
2Cited by9 opinions
- Coley v. ClintonCourt of Appeals for the Eighth Circuit · 1980
- Owens v. TaylorSupreme Court of Arkansas · 1989
- Schock v. ThomasSupreme Court of Arkansas · 1981
- Coley v. ClintonCourt of Appeals for the Eighth Circuit · 1980
- Poole v. StateSupreme Court of Arkansas · 1948
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