In re Wright

Citations

• 74 Kan. 406
• 86 P. 460

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Criminal Law — Plea in Abatement — Insanity—Void Commitment. Where a person charged with a felony is arraigned before an examining magistrate, and files a plea in abatement, founded upon an adjudication regularly and duly had before a probate court of that county that the defendant is insane, the examining magistrate, in the absence of any other showing or adjudication upon the question of the defendant’s mental condition, cannot proceed with such examination or hold the defendant to bail to answer for such crime, and a commitment in default of bail under such circumstances is void.</p> <p>1. Criminal Law — Mental Disability of Defendant at the Time of Trial. No person can be compelled to answer for a crime who at the time is incapable of doing so in a rational manner on account of mental disability occurring after the alleged commission of the offense charged against him.</p> <p>2. —;— Jurisdiction to Determine Defendant’s Mental Fitness for Trial. The court having jurisdiction of a person charged with the commission of a crime has the exclusive right and power to determine the mental fitness of the defendant to make proper answer and defense to .such charge, unless otherwise provided by statute.</p> <p>3. ■-• Duty to Make Inquiry — Forcing Insane Person to Trial — Void Proceedings. Where upon the trial of a person charged with a crime it is claimed that he is then unable to make answer and defense thereto in a rational manner, because of mental incapacity which has arisen since the alleged commission of the offense, it is the duty of the court where such trial is pending to make inquiry concerning such disability, and, if found to exist, to stop further proceedings in the trial until such disability has been removed. Failure in this respect, whereby an insane person is forced into trial, will render all subsequent proceedings void.</p> <p>4. - Verdict of Insanity Not Conclusive Proof of Defendant’s Incapacity for Trial. A verdict o