![]() ![]() On July 19, 1965, Mervin Michael Markley, Jr., filed in the Circuit Court of Smyth County a petition for a writ of habeas corpus against Dr. I'ANSON, J., delivered the opinion of the court. There was no such finding, nor was there any indication that such finding was arbitrarily withheld.Įrror to a judgment of the Circuit Court of Smyth county. Section 19.1-239, under which Markley was committed, allowed his release only if found by the superintendents to be safe to be at large, as well as sane. #April markly code#In the instant habeas corpus proceeding the court, finding Markley sane, ordered his release from the hospital under the provisions of Code 1950, section 37-123, and his return to the trial court. The trial judge, deeming his discharge from custody dangerous to the public peace and safety, committed him to Southwestern State Hospital to be confined until declared sane and safe to be at large by the superintendent of that hospital and the superintendent of any other state hospital, with the provision that he then be returned to the court. Markley, charged with felonious stabbing, was found not guilty by reason of insanity. Present, Eggleston, C.J., and Buchanan, Snead, I'Anson, Carrico and Gordon, Burke Graybeal for the defendant in error. Button, Attorney General, on brief), for the plaintiff in error.ĭ. Harris, Assistant Attorney General (robert Y. ![]()
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