State ex rel. Mackintosh v. Superior Court

Citations

• 45 Wash. 248
• 88 P. 207
• 1907 Wash. LEXIS 451

Syllabus

<p>Appeal — Reservation of Grounds. Errors committed upon an inquisition of lunacy cannot he reviewed where no exceptions were taken.</p> <p>Prohibition — Nature and Scope. Prohibition does not lie to correct errors in matters oí procedure where jurisdiction exists.</p> <p>Criminal Law — Trial—-Insanity at Tijíe of Trial — Jurisdiction. Under the constitution, a person charged with crime cannot he put on trial while insane; and under the rule of the common law, the courts of this state have inherent power, irrespective of Bal. Code, § 2660, to determine the question of insanity by an examination conducted by a commission appointed by the court (Mount, C. J., and Fullerton, J., dissenting).</p> <p>Same — Hearing. Upon a suggestion of the present insanity of persons charged with crime, it is not necessary that the affidavits allege, as provided by Bal. Code, § 2660, that the defendants were at large or unsafe to he at large, as the power to proceed exists under the common law irrespective of the statute.</p> <p>Insane Persons — Custody and Support — Nonresidents—Deportation. Laws 1905, p. 253, directing the deportation, to their legal residences, of nonresidents who are adjudged insane, is invalid for the reason that it cannot be enforced.</p> <p>Appeal — Review. The invalidity of a statute may be declared upon appeal, although not raised by either party to the appeal, where a question is raised that might disturb friendly relations with a sister state (Root, J., dissenting).</p> <p>Criminal Law- — Insane Persons — Confinement. The statute directing the deportation of nonresidents who are adjudged insane does not apply to persons charged with crime who have not yet been placed on trial, as they should he detained within the jurisdiction to answer to the charge in case they become sane.</p>