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Trial of insan

$ 4622. Order of pro

such lunatic be suspended by the governor, the sentence of the court shall be executed upon him after such period of suspension has expired, unless otherwise directed by the governor.

74. When a defendant appears for arraignment, trial, judgment, or on any other occasion when he is required, 94620. if a reasonable doubt arise as to his sanity, the ity by jury. court must order a jury to be empaneled from the trial jurors in attendance at the term, or who may be summoned by the direction of the court, as provided in this code, to inquire into the fact.

75. The arraignment, trial, judgment, or other proceedings, as the case may be, must be suspended until the 8 4621. question of insanity is determined by the verdict of Suspension. the jury.

76. The trial for the question of insanity must proceed in the following order:

(1) The counsel of the defendant must offer the cedure. evidence in support of the allegation of insanity.

(2) The district attorney must then offer the evidence in support of the case on the part of the state.

(3) The parties may then respectively offer rebutting evidence only, unless the court, for good reason, in furtherance of justice, permit them to offer evidence upon their original case.

(4) When the evidence is concluded, unless the case is submitted on either side, or both sides, without argument, the district attorney must commence, and the defendant's counsel conclude the argument to the jury.

(5) If more than one counsel on each side argue the case to the jury, they must do so alternately.

(6) The court shall then, on motion of either party, charge the jury. The provisions of this code, so far as the same are applicable, and not herein changed, shall regulate the trial of the question of insanity.

77. If the jury find that the defendant is sane, the proceedings on the indictment shall be resumed.

94623. If sane 78. If the jury find the defendant insane, the proceedings on the indictment shall be suspended until he be- $ 4624. comes sane, and the court, if he deem his discharge mitted to lowa dangerous to the public peace or safety, may order when.

If insane com


$ 4625. Bail; re

§ 4626.

betained in

that he be in the meantime committed by the sheriff to the Iowa insane hospital, and that upon his becoming sane, he be delivered by the superintendent of the hospital to the sheriff. 79. The commitment of the defendant, as provided in the

last section, exonerates his bail, or entitles a person leased. authorized to receive the property of the defendant, to a return of the money he may have deposited instead of bail. 80. If the defendant be received into the hospital, he must

be detained there until he becomes sane. When he hospital. becomes sane, the superintendent of the hospital must give notice of that fact to the sheriff and to the district attorney of the proper district. The sheriff must thereupon, without delay, bring the defendant from the hospital and place him in the proper custody until he be brought to trial or judgment, as the case may be, or be legally discharged.

81. The expense of sending the defendant to the hospital, 8 4627.

bringing him back, and any other expenses in<spensos. curred, are to be paid in the first instance by the county from which he was sent, but the county may recover from the estate of the defendant, if he have any, or from a relative, or another county, town, township, or city, bound to provide for or maintain him elsewhere.

82. Sheriffs for delivering persons found to be insane, under 6 4628. the provisions of this chapter, are entitled to the

riffs, fees. same fees therefor, as are allowed for conveying convicts to the penitentiary. 83. If the defense be the insanity of the defendant, the jury

must be instructed, if they acquit him on that

ground, to state that fact in their verdict. The

· court may thereupon, if the defendant be in custody, and his discharge is deemed dangerous to the public peace and safety, order him to be committed to the Iowa insane hospital, or retained in custody until he becomes sane.

84. The words "insane person ” include idiots, lunatics, $ 45, par. 6. Definition. distracted persons and persons of unsound mind.

85. He [the defendant] may show for cause against the $ 4504...... judgment, that he is insane, or any sufficient ground judgment. for a new trial, or in arrest of judgment.

& 4472
If defense be


Cause against


Insanity; how deter

Acts of 1878, ch. 165, $ 6. Reprieve; who may.

86. If the court is of opinion that there is reasonable ground for believing him insane, the question of his in- 845 sanity shall be determined as provided in this code, hos and if he is found to be insane, such proceedings mine shall be had as are herein directed.

87. The only officer[s] who shall have power to reprieve or suspend the execution of a judgment of death, are act the governor and the sheriff, as provided in the next i section, unless in case of an appeal to the supreme court, as provided in section eighteen of this act.*

88. When the sheriff is satisfied that there are reasonable grounds for believing that the defendant is insane, he may summon a jury of twelve persons on the Tentangan jury list, to be drawn by the clerk, who shall be pended. sworn by the sheriff well and truly to inquire into the insanity of the defendant and a true inquisition return, and they shall examine the defendant and hear any evidence that may be presented, and by written inquisition, signed by each of them, find as to the insanity, and unless the inquisition find the defendant insane the sheriff shall not suspend the execution. But if the inquisition find the defendant insane he shall suspend the execution and immediately transmit the inquisition to the governor.

Ibid $ 7.

sentence sus

* This act will be found in McClain's Statutes, Vol. II, page 972.


GOVERNMENT OF ASYLUM. | 24. Trial, verdict of jury, form of; com1. Insane asylums to be fostered and

mitment, guardian appointed.

25. Costs, by whom paid, on commitsupported by the state; trustees,

ment. how appointed. 2. Control of, by board of trustees.

26. Costs, by whom paid, on discharge. 3. Board of trustees; appointment,

27. New trial in discretion of court.

28. Guardian, bond and security of. term of office. 4. Government vested in said board.

29. Additional bond may be required.

30. Bond deposited with court. 5. Trustees, powers of; to appoint superintendent, adopt regulations

31. Notice of guardianship. for admission, transfer patients.

32. Support; provided by guardian. 6. Officers, enumeration of; appoint

33. Support, estate liable for.

34. Temporary confinement, examinament, term of office. 7. Superintendent, powers and duties;

tion, commitment.

35. Powers of court in such cases. control of asylum, estimates and

36. Costs, by whom paid. inventories, statistics.

37. Reimbursement to county. 8. Clothing to be furnished patients. 9. List of articles destroyed, inspection

38. Custodian to be guardian ad litem. by board of survey.

39. Application by probate judge. 10. Records of asylum.

40. Warrant of commitment 11. Account books and records.

41. Support; expenses of, by whom 12. Steward, bond of.

borne, certificate of indigence. 13. Steward, powers and duties ; pur

42. Private patients, regulations for ad

mission. chase, form of bills and audit. 14. Abstract of expenditures; inven

43. Support of, obligation for.

44. Interrogatories of superintendent. tories, reports 15. Shortage, committee of investiga

45. Removal and discharge, by whom;

idiots and others not admitted. tion; steward charged with. 16. Inspection of inventories and re

46. Discharge, regulations for.

47. Discharge, expenses of. turns; contracts.

48. Penalties for neglect of duties. 17. Finance committee of trustees. 18. Treasurer's abstracts; warrant of

49. Expenses of patients supported out

of asylum; statement of. auditor. 19. Salaries, monthly payment of.

50. Reimbursement of such expenses.

51. Appropriations for, by state. ADMISSION AND DISCHARGE. 52. Warrants for, how drawn. 20. Investigation of insanity, by pro


CRIMINAL INSANE. bate court; jury trial. 21. Special term of court, if information | 53. Insane convicts, inquisition of infiled in vacation.

sanity, commitment; on recovery 22. Appearance of defendant in discre

remanded to custody. tion of judge.

| 54. Criminals sentenced to death, stay 23. Application to probate court.

of execution, trial of insanity.

1. Institutions for the benefit of the insane, blind, and deaf Comp: Laws and dumb, and such other benevolent institutions Dassiers 186, as the public good may require, shall be fostered

art. 1, and supported by the state, subject to such regula


F. W.

const., art. 7, $1.


Board of

tions as may be prescribed by law. Trustees of Be such benevolent institutions as may be hereafter institut created shall be appointed by the governor, by and with the advice and consent of the senate; and upon all nominations made by the governor, the question shall be taken in yeas and nays, and entered upon the journal.

2. The asylum for the blind, the asylum for the deaf and dumb, and the asylum for the insane, shall be di- $5431. rected and controlled by a board of trustees consist- trustees. ing of five persons, who shall be appointed by the governor, by and with the advice of the senate.

3. The governor shall appoint, in the year eighteen hundred and seventy-six, five persons as trustees of the $ 5452. asylums for the blind, deaf and dumb, and insane; Appoint of whom two shall hold their offices for one year, ending April one, eighteen hundred and seventy-seven ; two for two years, ending April one, eighteen hundred and seventy-eight; and one for three years, ending April one, eighteen hundred and seventy-nine; and their successors shall each and all hold their positions for the term of three years, the terms ending April one of the succeeding years.


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be vested in the board of trustees of the institutions $ 435. for the education of the blind, the deaf and dumb, of vested in and the asylums for the insane.

5. The board of trustees shall designate the superintendent of one of the insane asylums, to whom all applica- 845 tions for the admission of insane persons shall be assamended made, and who, under such rules as may be made by the board of trustees, shall designate to which bol admnes perasylum each applicant shall be admitted; and the i board of trustees shall adopt such regulations as " will enable the superintendent so designated to determine to which asylum each applicant shall be admitted; provided, the board of trustees may order the transfer of patients from one asylum to another, when deemed advisable.

6. Each insane asylum shall have a superintendent, an assistant superintendent, steward and matron, who $ 437. shall be chosen by the board of trustees, and shall whom aphold their office for the term of three years, subject terms.

$1. Applications for admission of insane persons made to designated superintend't.

Officers, by

pointed, and

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