State v. Linderholm

The opinion of the court was delivered by

Burch, J.:

As the result of a proceeding in lunacy in the probate court the appellant was adjudged to be insane. On appeal to the district court the same conclusion was reached, and as a result he was ordered sent to the state hospital. In both the probate court and the district court the finding was made by a jury of four,' one of whom was a physician (Laws 1901, ch. 353, § 58, Gen. Stat. 1909, § 8470). On appeal to this court it is urged that the right of trial by jury secured by the constitution (Bill of Rights, § 5) has been violated:

Although the…