Myers

On November 21, 1914, the petitioner herein was brought before a United States commissioner for trial, on a charge of obtaining money under fálse pretenses, and, having entered a plea of insanity, the trial proceeded. The jury impaneled in the cause found that Myers was insane at the time, and he was ac *421 cordingly committed to the Morningside Sanitarium, at Portland, Or., on May 6, 1915. He escaped from that institution in June, and was next in evidence at Tanana,. Alaska, in July, 1915. He was later arrested and put on trial for the offenses of which he was convicted. The judgment shows that he was indicted February 19, 1916, that the offenses with which he was charged were committed October 3, 1914, near the time of the commission of the offense for which he was previously tried, and that he was committed to the penitentiary at McNeil Island for the aggregate term of five years. The proceeding now inaugurated and pending is designed to liberate him from prison.

The principal, and in reality the only, ground relied upon for his liberation is that he could not be lawfully tried while an escaped insane patient.

We think the plain answer to the contention is that the…