McFarland v. Commonwealth
| Decision Date | 12 May 1933 |
| Citation | 60 S.W.2d 360,249 Ky. 128 |
| Parties | McFARLAND v. COMMONWEALTH. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Whitley County.
Action by Ancil McFarland against the Commonwealth of Kentucky. From a judgment dismissing his petition, plaintiff appeals.
Reversed with directions.
Glenn H. Stephens and J. B. Johnson, both of Williamsburg, for appellant.
Bailey P. Wootton, Atty. Gen., P. L. Senters, Com. Atty., of Barbourville, L. O. Siler, Co. Atty., of Williamsburg, and H Hamilton Rice, Asst. Atty. Gen., for the Commonwealth.
The appellant, Ancil McFarland, brought this action in the Whitley circuit court to have declared void what purported to be a judgment of that court declaring him to be a person of unsound mind. He averred in his petition that the judgment was void for the reason that the provisions of the statutes governing the procedure in inquests concerning insanity had not been complied with and especially the provisions of sections 216aa-69, 216aa-70, and 216aa-72. A copy of the record of the inquest was filed with the petition. The circuit court sustained a demurrer to the petition, and from the judgment dismissing it McFarland has appealed.
The record discloses that the petition for the trial and commitment of appellant was filed on October 8, 1930, and the judgment declaring him to be a person of unsound mind was entered on the same day. No one signed the petition and the judgment was never signed by the judge who presided at the inquest. No summons was issued or served as required by section 216aa-72. It appears that practically all of the essential statutory requirements were ignored, but we need notice only the failure to serve notice of the proceeding on the defendant or any of the persons specified in section 216aa-72 of the Statutes, which reads: ...
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In re Guardianship of McNeel
...P.2d 774 [(1939)]. In the absence of such compliance a judgment declaring a person to be of unsound mind is void. McFarland v. Commonwealth, 249 Ky. 128, 60 S.W.2d 360 [(1933)]; Ex parte McLaughlin, Mo.App., 105 S.W.2d 1020 [(1937)]; In re Ellern, 23 Wash.2d 219, 160 P.2d 639 [(1945)]; 44 C......
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Blevins v. Cook
...in material respects are void and of no effect is equally clear. Ex parte McLaughlin, Mo.App., 105 S.W.2d 1020; McFarland v. Commonwealth, 249 Ky. 128, 60 S.W.2d 360; Bolmer v. United States F. & G. Co., D.C., 11 F.Supp. 560; Daly v. Spencer's Committee, supra; Lommason v. Washington Trust ......
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Thoeming v. District Court of Sixth Judicial Dist., 3170
...Mont. 70, 92 P.2d 774. In the absence of such compliance a judgment declaring a person to be of unsound mind is void. McFarland v. Commonwealth, 249 Ky. 128, 60 S.W.2d 360; Ex parte McLaughlin, Mo.App., 105 S.W.2d 1020; In re Ellern, 23 Wash.2d 219, 160 P.2d 639; 44 C.J.S. Insane Persons § ......
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Wilson v. Cooper
... ... will be a bar to another prosecution for the same offense ... that occurred prior to the date of the warrant or indictment, ... Commonwealth v. Kentucky Highlands R. Co., 147 Ky ... 709, 145 S.W. 386, such a prosecution and conviction is not a ... bar to a prosecution for the fresh ... ...