Keiser v. Sheppard

Otis, Justice.

This matter is before the court on an alternative writ of prohibition consolidated with an appeal by the state from an order, entered in habeas corpus proceedings, which directs relator’s release from a state hospital where he is confined under the so-called psychopathic personality law. The only issue is whether the applicable statute required the probate judge to concur in the findings of the examining doctors that relator was a psychopathic personality. Although the probate judge was of the opinion the relator did not require confinement, he felt bound by the decision of the…