he stands charged, the court aforesaid shall order his removal to some state lunatic asylum, there to remain for observation and treatment, until such time as, in the opinion of a justice of the supreme court, it is safe, legal and right to discharge him.

Special

206. Whenever any person accused of the crime of arson, murder, or attempted murder, or highway robbery, Ibid § 31. shall have been acquitted upon trial upon the verdict. ground of insanity, the jury shall bring in a special verdict. to that effect and so state it in their finding; and the court before. whom such trial is had, shall order such person to be committed to some state lunatic asylum, there to remain for observation and care until such time as, in the judgment of a justice of the supreme court, founded upon satisfactory evidence, it is safe, legal and right to discharge him.

Expenses to

be paid by insane person

County when

under indictment shall be committed to

207. Whenever any insane person in confinement under indictment shall be committed, as hereinbefore re- Ibid § 32. cited, to any state lunatic asylum, the county from which he is sent shall defray all the expenses of such person, while at such asylum, and the expense of returning him to such county; but the county asylum. may recover the amount so paid from his own estate, or from any relative, town, city or county that would have been bound by existing laws, to provide for and maintain him elsewhere.

Ibid § 33.

Superintendent to give notice of

recovery.

208. Whenever any insane person in confinement under indictment for arson, murder, or attempt at murder, or highway robbery, or who has been acquitted thereof on the ground of insanity, and has been committed to some state lunatic asylum, pursuant to the provisions of the preceding sections, shall be restored to his right mind, it shall be the duty of the superintendent of such asylum, to give notice thereof to the state commissioner in lunacy, who shall thereupon inquire into the truth of such fact, and if the same shall be proved to his satisfaction, he shall so certify it under his official hand and seal to a justice of the supreme court of the district in which such asylum is situated, who shall thereupon, and upon such other facts as may be proven before him, determine whether it is safe, legal and right that such party in confinement as aforesaid, should be discharged.

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

sanity, com

mitment.

210. When the defense is insanity of the defendant the jury must be instructed, if they acquit him on that ground of in- 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 commis

sion; 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.

bid $6.59. sane, trial or suspended,

If found in

judgment

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.

and defendant to be com

mitted to state lum, if his dangerous to

lunatic asy

discharge be

public peace or safety.

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.

Ibid § 660. committed, ated or de

bail exoner

posit of money refunded.

Detention of

bid § 661. defendant in proceedings coming sane.

asylum and

on his be

215. If the defendant be received into the asylum, he must 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 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.

Expenses in

ing the defend

216. The expenses of sending the defendant to the asylum, of keeping him there, and of bringing him back, Ibid § 662. 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.

Ibid $ 496. comes insane, panel jury.

If convict be

sheriff to im

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.
Inquisition;

219. The inquisition of the jury must be signed by the jurors and the sheriff. If it be found by the inqui suspension of 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.