Commonwealth v. Evans

Citations

• 253 Pa. 524
• 98 A. 722
• 1916 Pa. LEXIS 883

Syllabus

<p>Lunatics — Insane criminals — Maintenance in State hospital — Expenses — Claims of Commonwealth — Recovery—Acts of June IS, 18SS, P. L. 92 j May 21,1889, P. L. 258, and May 1,1907, P. L. IBS.</p> <p>1. Where a person tried for murder has been found not guilty by reason of insanity, and committed by the court to a State hospital for the insane, the Commonwealth may recover from the guardian of the estate of such lunatic, expenses incurred in his care and maintenance, where it appears that his estate is able to repay the amounts expended.</p> <p>2. In such case, there is no merit in the contention that the entire cost of maintenance of the lunatic was chargeable to the county, and that the state was therefore a mere volunteer, in making payments for tbe lunatic’s support, in view of tbe Acts of June 13, 1833, P. L. 92; May 21, 1889, P. L. 258, and May 1, 1907, P. L. 153, wbicb provide for tbe division of sueb expense between tbe counties and tbe State, in tbe proportions named by tbe acts.</p>