In re Wadleigh

Citations

• 108 Kan. 682
• 197 P. 217
• 1921 Kan. LEXIS 243

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Insane Person — Transferred to State Asylum for Dangerous Insane —Jurisdiction of Probate Court to Hear Application for His Discharge. Where pursuant to an ordinary proceeding in lunacy a person is committed to a state hospital for the insane, and he is thereafter lawfully transferred to the state asylum for the dangerous insane because of his homicidal tendencies, the probate court in a proper proceeding has jurisdiction to hear and determine an application for his discharge in accordance with the provisions of section 9618 of the General Statutes of 1915; and the restrictions against the liberation of inmates of such asylum without full hearing, finding and order of the state board of corrections, prescribed by section 10044 of the General Statutes of 1915, do not pertain thereto nor interfere therewith.</p> <p>2. Appeal — From Judgment of Probate Court Discharging an Inmate of a State Hospital for the Insane. A final, order and judgment of the probate court discharging an inmate of a state hospital for the insane, including the state asylum for the dangerous insane at Lansing, may be appealed by the state to the district court, under the broad appellate and supervisory powers which the district court possesses over all inferior courts and tribunals exercising judicial functions.</p>