4520.

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, if a reasonable doubt arise as to his sanity, the 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.

Trial of insan

ity by jury.

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 Suspension. the jury.

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

§ 4622.
Order of pro-

(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

§4624.

If insane com

78. If the jury find the defendant insane, the proceedings on the indictment shall be suspended until he becomes sane, and the court, if he deem his discharge mitted to Iowa dangerous to the public peace or safety, may order

hospital,

when.

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 authorized to receive the property of the defendant, to a return of the money he may have deposited instead of bail.

$ 4625. Bail; released.

4626. Detained in

hospital.

80. If the defendant be received into the hospital, he must be detained there until he becomes sane. When he 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 incurred, 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.

§ 4627. Expenses.

$ 4628. Sheriffs, fees.

82. Sheriffs for delivering persons found to be insane, under the provisions of this chapter, are entitled to the same fees therefor, as are allowed for conveying convicts to the penitentiary.

4472

defense be

83. If the defense be the insanity of the defendant, the jury must be instructed, if they acquit him on that insanity, jury ground, to state that fact in their verdict. The instructed. 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.

§ 4504.

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

Cause against judgment.

Insanity;

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, how deterand if he is found to be insane, such proceedings shall be had as are herein directed.

mined.

Acts of 1878, ch. 165, § 6.

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

Reprieve; who may.

sentence sus

88. When the sheriff is satisfied that there are reasonable grounds for believing that the defendant is insane, Ibid § 7. he may summon a jury of twelve persons on the Insanity; 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.

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

KANSAS.

1. Institutions for the benefit of the insane, blind, and deaf Comp. Laws and dumb, and such other benevolent institutions as the public good may require, shall be fostered and supported by the state, subject to such regula

tions as may be prescribed by law. Trustees of Benevolent such benevolent institutions as may be hereafter institutions. 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.

Board of

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.

§ 5452.

3. The governor shall appoint, in the year eighteen hundred and seventy-six, five persons as trustees of the 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 for the education of the blind, the deaf and dumb, of vested in and the asylums for the insane.

Government

board of
trustees.

1881, ch. 36,

of insane per

5. The board of trustees shall designate the superintendent. of one of the insane asylums, to whom all applica- § 436, tions for the admission of insane persons shall be amended, made, and who, under such rules as may be made Applications by the board of trustees, shall designate to which for admission asylum each applicant shall be admitted; and the sons made to 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.

designated superintend't.

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 hold their office for the term of three years, subject

Officers, by

whom apterms.

pointed, and