Underwood v. People

Campbell, J:

Underwood brings error npon a judgment of the recorder’s com-t of Detroit, whereby he was committed to the state prison insane hospital, as a person charged with murder and acquitted on the ground of insanity. He claims .that the statute is invalid.

The statute in question, being act No. 168 of the Laws of 1878, entitled “an act to provide for the custody and safe keeping of persons who are tried for murder and other high crimes, and are acquitted by reason of insanity,” provides, in substance, that when the defense of insanity is set up in the cases provided for, the jury shall…