If any person other than a minor in confinement, under indictment, for want of bail for good behavior, for keeping the peace or appearing as a witness, in consequence of any summary conviction appears to be insane, the judge of the circuit court of the county where he is confined must institute a careful investigation, call a respectable physician and call other credible witnesses; and, if he deems it necessary, he may call a jury, for which purpose he is empowered to compel attendance of witnesses and jurors. If it is satisfactorily proved that the person is insane, the judge may discharge him from imprisonment and order his safe custody and removal to the Alabama state hospitals, where he must remain until restored to his right mind, and then, if the judge shall have so directed, the superintendent must inform the judge and sheriff, whereupon the person must be remanded to jail and criminal proceedings be resumed, or he must be otherwise discharged.
(Code 1867, §1060; Code 1876, §1488; Code 1886, §4816; Code 1896, §4942; Code 1907, §7180; Code 1923, §4577; Code 1940, T. 15, §428.)
Notes of Decisions
Cited in
9
cases, 1979–1997 · leading case:
Colley v. State, 405 So. 2d 374 (Ala. Crim. App. 1980).
Colley v. State, 405 So. 2d 374 (Ala. Crim. App. 1980).
“Officer Smith's testimony indicated that the appellant had used various drugs, drank approximately one case of beer a week, and frequently drank whiskey. Officer Smith's interview revealed that the appellant had above average responses to questions concerning dates, times,…”
Magwood v. Smith, 791 F.2d 1438 (11th Cir. 1986).
“Pursuant to Ala.Code § 15-16-20, 2 the court ordered two local physicians, Dr.”
Kyzer v. State, 399 So. 2d 317 (Ala. Crim. App. 1979).
“766-767) Criminal proceedings against appellant were resumed upon the trial court's receipt of the results of the lunacy commission's study of the appellant's mental condition pursuant to § 15-16-20, Code of Alabama 1975. (R.p. 768) The issues on this appeal deal exclusively…”
M.D. v. State, 701 So. 2d 58 (Ala. Crim. App. 1997).
· cites it 2× “” Ala.Code 1975, § 15-16-20, (emphasis added).”
Posey v. State, 366 So. 2d 369 (Ala. Crim. App. 1979).
· cites it 3× “On pretrial motion of appellant’s counsel, the court below ordered on February 8, 1978, that appellant be delivered to Bryce Hospital for observation and evaluation pursuant to § 15-16-20 and § 15-16-21, Code of Ala.1975.”
Seay v. State, 390 So. 2d 7 (Ala. Crim. App. 1979).
“The trial judge, on the same day, ordered a sanity investigation of appellant at Bryce Hospital in Tuscaloosa, Alabama, specifically citing §§ 15-16-20 and 15-16-21, Code of Ala.1975, as authority.”
Havis v. City of Guntersville, 586 So. 2d 947 (Ala. Civ. App. 1991).
· cites it 7× “The petition was filed pursuant to § 15-16-20, Code 1975. Following a hearing on the evidence, the circuit court found Havis to be insane and in need of immediate psychiatric help.”
MD v. State, 701 So. 2d 58 (Ala. Crim. App. 1997).
· cites it 2× “" Ala.Code 1975, § 15-16-20, (emphasis added).”
Love v. State, 455 So. 2d 96 (Ala. Crim. App. 1984).
· cites it 3× “” Such proceeding was authorized by Code of Alabama 1975, § 15-16-20. It is to be noted that Section 15-16-20 expressly permits, but does not require, the trial court to “call a jury” to hear and determine the issue as to sanity of the accused prior to the return of an…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.