In re Ostatter

Citations

• 103 Kan. 487
• 175 P. 377
• 1918 Kan. LEXIS 302

Syllabus

<p>SYLLABUS BY'THE COURT.</p> <p>1. Habeas Corpus — Petitioner Committed to Asylum for Dangerous Insane- — Never Legally Liberated — Writ Denied. One who is acquitted upon a charge of murder upon the ground that he was insane at the time of the commission of the offense, and who was then committed to the state asylum for the dangerous insane, can only be liberated in the way provided by law, that is, by a finding and order of the proper state authorities that he is wholly recovered and that no one will be in danger by reason of his discharge.</p> <p>2. Same. Under1 the testimony, the petitioner has not been restored to sanity, nor has he complied with the provisions of the law for the liberation of persons committed to the asylum for the dangerous insane.</p>