Section 446. Habeas corpus  


Latest version.
  • At the hearing on the return of a writ of habeas
      corpus,  if any, lawfully granted, under which the delivery from custody
      of an inmate of such institution is sought, and where the  fact  of  his
      mental  defectiveness  is  material  to  the inquiry, the history of the
      inmate as it appears in the case records may be given in  evidence,  and
      the  superintendent  of the institution, or any other proper person, may
      be sworn touching the mental condition of such person. Where a second or
      subsequent application is made for the delivery  from  custody  of  such
      inmate,  any  party  to  the  proceeding  may  introduce in evidence any
      testimony in relation to the mental condition of  such  inmate  received
      upon  any  former  hearing  or  trial,  together  with  all the exhibits
      introduced in evidence upon such hearing or  trial  in  connection  with
      such  testimony  without  calling the witnesses who gave such testimony;
      such evidence to have the same force and effect as if such witnesses had
      been called.