Note 97 — OF CRIMINAL RESPONSIBILITY, AND PLEAS IN BAR OF EXECUTION.
Reading edition
“By the common law, if it be doubtful whether a criminal, who at his trial is in appearance a lunatic, be such in truth or not, it shall be tried by an inquest of office to be returned by the sheriff of the county wherein the court sits, and if it be found by them that the party only feigns himself mad, and he still refuse to answer, he shall be dealt with as one that stands mute.” 1 Hawk. P. C. p. 2, and authorities there cited; as to standing mute see vol. 2, p. 56, and 12 Geo. 3, c. 20.