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Trial of insan

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, 4620. 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 $ 4621. question of insanity is determined by the verdict of suspe the jury.

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

$ 4622. (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.

$ 4623. If sane 78. If the jury find the defendant insane, the proceedings on the indictment shall be suspended until he be- 9,4624. 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

Detained in

8 4627.

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 $ 4626... 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,

bringing him back, and any other expenses inExpenses. 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

28. the provisions of this chapter, are entitled to the Sherifs, 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 be ground, to state that fact in their verdict. The

d. 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

w judgment, that he is insane, or any sufficient ground Cause against judgment for a new trial, or in arrest of judgment.

8 4628.

6 4472 If defense be insanity, jury instructed.

$ 4504.

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- $ 4505. sanity shall be determined as provided in this code, ha and if he is found to be insane, such proceedings mined 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 acts

the governor and the sheriff, as provided in the next i section, unless in case of an appeal to the supreme Who 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, iba he may summon a jury of twelve persons on the Tencente 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. 1. Insane asylums to be fostered and

supported by the state; trustees,

how appointed. 2. Control of, by board of trustees. 3. Board of trustees; appointment,

term of office. 4. Government vested in said board. 5. Trustees, powers of; to appoint

superintendent, adopt regulations

for admission, transfer patients. 6. Officers, enumeration of; appoint

ment, term of office. 7. Superintendent, powers and duties;

control of asylum, estimates and

inventories, statistics. 8. Clothing to be furnished patients. 9. List of articles destroyed, inspection

by board of survey. 10. Records of asylum. 11. Account books and records. 12. Steward, bond of. 13. Steward, powers and duties ; pur

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

tories, reports 15. Shortage, committee of investiga

tion; steward charged with. 16. Inspection of inventories and re

turns; contracts. 17. Finance committee of trustees. 18. Treasurer's abstracts; warrant of

auditor. 19. Salaries, monthly payment of.

ADMISSION AND DISCHARGE. 20. Investigation of insanity, by pro

bate court; jury trial. 21. Special term of court, if information

filed in vacation. 22. Appearance of defendant in discre

tion of judge. 23. Application to probate court.

24. Trial, verdict of jury, form of; com

mitment, gnardian appointed. 25. Costs, by whom paid, on commit

ment. 26. Costs, by whom paid, on discharge. 27. New trial in discretion of court. 28. Guardian, bond and security of. 29. Additional bond may be required. 30. Bond deposited with court. 31. Notice of guardianship. 32. Support; provided by guardian. 33. Support, estate liable for. 34. Temporary confinement, examina

tion, commitment. 35. Powers of court in such cases. 36. Costs, by whom paid. 37. Reimbursement to county. 38. Custodian to be guardian ad litem. 39. Application by probate judge. 40. Warrant of commitment. 41. Support; expenses of, by whom

borne, certificate of indigence. 42. Private patients, regulations for ad

mission. 43. Support of, obligation for. 44. Interrogatories of superintendent. 45. Removal and discharge, by whom;

idiots and others not admitted. 46. Discharge, regulations for. 47. Discharge, expenses of. 48. Penalties for neglect of duties. 49. Expenses of patients supported out

of asylum; statement of. 50. Reimbursement of such expenses. 51. Appropriations for, by state. 52. Warrants for, how drawn.

CRIMINAL INSANE. 53. Insane convicts, inquisition of in

sanity, commitment; on recovery

remanded to custody. 54. Criminals sentenced to death, stay

of execution, trial of insanity.

1. Institutions for the benefit of the insane, blind, and deaf Compey Laws and dumb, and such other benevolent institutions

186, as the public good may require, shall be fostered "T, and supported by the state, subject to such regula

C. F. W. Dassler, const., art. 7, $1.

Board of

tions as may be prescribed by law. Trustees of Benes such benevolent institutions as may be hereafter instituti 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- $ 5451... 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 $ 1452. asylums for the blind, deaf and dumb, and insane; Appointment. 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.

4. The government of the insane asylums of the state shall 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- s4 tions for the admission of insane persons shall be as amended made, and who, under such rules as may be made by the board of trustees, shall designate to which asylum each applicant shall be admitted; and the are board of trustees shall adopt such regulations as super 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.


board of


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

Officers, by

pointed, and

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