R. S. vol. 4.
Code of Crimi-

209. Whenever a person in confinement under indictment, desires to offer the plea of insanity, he may prenal Procedure, sent such plea at the time of his arraignment, as a Plea of insanity. specification under the plea of not guilty.

§ 336.

Ibid § 454. Acquittal on ground of insauity, commitment.

210. When the defense is insanity of the defendant the jury must be instructed, if they acquit him on that ground, to state the fact with their verdict. The court must, thereupon, if the defendant be in custody, and they deem his discharge dangerous to the public peace or safety, order him to be committed to the state lunatic asylum, until he becomes sane.

211. He may show for cause, against the judgment,

Ibid § 481.
What cause

against the

judgment.

(1) That he is insane; and if, in the opinion of may be shown the court, there be reasonable ground for believing him to be insane, the question of his insanity must be tried as provided by this code. If, upon the trial of that question, it is found that he is sane, judgment must be pronounced; but if found insane, he must be committed to the state lunatic asylum until he becomes sane; and when notice is given of that fact, he must be brought before the court for judgment.

Ibid § 658. Appointment of commission; their

***

212. When a defendant pleads insanity as prescribed in section 336, the court in which the indictment is pending, instead of proceeding with the trial of the inproceedings. dictment, may appoint a commission of not more than three disinterested persons, to examine him and report to the court as to his sanity at the time of the commission of the crime. If a defendant in confinement, under indictment, appears to be at any time before or after conviction, insane, the court in which the indictment is pending, unless the defendant is under sentence of death, may appoint a like commission to examine him and report to the court as to his sanity at the time of the examination. The commission must summarily proceed to make their examination. Before commencing they must take the oath prescribed in the code of civil procedure, to be taken by referees. They must be attended by the district attorney of the county and may call and examine witnesses and compel their attendance. The council of the defendant may take part in the proceedings. When the commissioners have concluded their examination

they must forthwith report the facts to the court with their opinion thereon.

If found in

judgment

Ibid $619.
sane, trial or
suspended,
be com
am, if his
dangerous to

and defendant

213. If the commission find the defendant insane the trial or judgment must be suspended, until he becomes sane; and the court, if it deem his discharge dangerous to the public peace or safety, must order that he be, in the meantime, committed by the sheriff to a state lunatic asylum, and that upon his becoming sane, he be re-delivered by the superintendent of the asylum to the sheriff.

to

mitted to state lunatic asy

discharge be

public peace or safety.

bid § 660. committed, ated or de

If defendant

214. The commitment of the defendant, as mentioned in the last section, exonerates his bail, or entitles a person authorized to receive the property of the defendant, to a return of any money he may have deposited instead of bail.

bail exoner

posit of money refunded.

he must bid § 661. defendant in proceedings

Detention of

asylum and

on his be

215. If the defendant be received into the asylum, be detained there until he becomes sane. When he becomes sane the superintendent must give a written notice of that fact to a judge of the supreme court of the district in which the asylum is situated. The coming sane. judge must require the sheriff without delay to bring the defendant from the asylum, and place him in the proper custody until he be brought to trial, judgment, or execution, as the case may be, or be legally discharged.

Ibid § 662.
Expenses in-

ing the defend

216. The expenses of sending the defendant to the asylum, of keeping him there, and of bringing him back, are, in the first instance, chargeable to the county cident to sendfrom which he was sent; but the county may re- ant to the asycover them from the estate of the defendant, if he lum, how paid. have any, or from a relative, town, city, or county, bound to provide for and maintain him elsewhere.

bid $ 496.

If convict becomes insane, sheriff to im

panel jury.

217. If, after a defendant has been sentenced to the punishment of death, there is reasonable ground to believe that he has become insane, the sheriff of the county in which the conviction took place, with the concurrence of a justice of the supreme court, or the county judge of the county, who may make an order to that effect, must impanel a jury of twelve persons of that county, qualified to serve as jurors in a court of record, to examine the question of the sanity of the defendant. The sheriff must give at least

seven days' notice of the time and place of the meeting of the jury to the district attorney of the county. Section 108 of the code of civil procedure regulates the impaneling of such a jury, and the proceedings upon the inquisition so far as it is applicable.

Ibid § 497.

Duty of dis

218. The district attorney must attend the inquiry. He may produce witnesses before the jury; for which trict attorney. purpose he has the same power to issue subpoenas, as for witnesses to attend a grand jury, and disobedience thereto may be punished by the court of oyer and terminer for that county, at any term thereof, in the same manner as disobedience to process issued by that court.

Ibid § 498.

suspension of

219. The inquisition of the jury must be signed by the jurors and the sheriff. If it be found by the inquiInquisition; sition that the defendant is insane, the sheriff must execution. suspend execution of the warrant directing the defendant's death, until he receives a warrant from the governor, directing that the defendant be executed.

Ibid § 499.
Sheriff to

transmit in-
quisition to

220. The sheriff must immediately transmit the inquisition to the governor; who, as soon as he is satisfied of the sanity of the defendant, or of his restoration to governor; gov. Sanity, must issue his warrant, appointing a time ernor's duty. and place for the execution of the latter, pursuant to his sentence, unless the sentence is commuted or the convict pardoned, and may in the meantime give directions for the disposition and custody of the defendant.

NORTH CAROLINA.

Battle's Revi

sal, 1873.
Ch. 93, § 1.
Board elected
by general as-
sembly.

1. The general assembly shall, immediately on the ratification of this act, proceed by concurrent vote to select five electors who shall be styled the board of public charities of the state of North Carolina. One of the persons so selected shall hold office for one year; one for two years, one for three years, one for four years and one for five years, the term to begin the first of July, one thousand eight hundred and sixty-nine. Appointments to fill vacancies in this board, caused by resignation or removal from the state, death, or from any other cause, may be made for the residue of such term by the governor.

Ibid § 2.
Meetings, etc.
Board to
supervise

tions, com

pensation.

2. The board of public charities shall hold regular meetings on the first Tuesday in January, April, July and October, and as often besides as they may deem public institu- needful. They shall make such rules and orders for the regulation of their own proceedings as they may deem proper; they shall investigate and supervise the whole system of the charitable and penal institutions of the state, and shall recommend such changes and additional provisions as they may deem needful for their economical and efficient administration, and no changes shall be made in the management of any of the institutions without the advice or consent of the board. They shall receive no compensation for their services except their traveling expenses, which shall be allowed and paid.

3. The general condition of the state as affected by crimes, Ibid § 3. vagrancy and pauperism, shall also come under the Duty to report. view of the board, and it shall be their duty to report to the general assembly when, in their judgment, it may become needful for the erection of the several reformatory institutions, whose organization is provided for in article eleven of the constitution.

Ibid § 4.

tion to be paid to the causes of insanity,

4. The board shall also give special attention to the causes of insanity, defect or loss of the several senses, idiocy Special atten and the deformity and infirmity of the physical organization. They shall, besides their own observation, avail themselves of correspondence and exchange of facts of the labors of others in these departments, and thus be able to afford the general assembly data to guide them in future legislation for the amelioration of the condition.

etc.