Section 15-21-3
Persons entitled to prosecute writ - Persons confined as insane.
Any person confined as insane may prosecute a writ of habeas corpus as provided in this chapter; and, if the judge or the jury, when the petitioner demands the issues arising to be tried by a jury, shall decide at the hearing that the person is insane, such decision does not bar a second application alleging that such person has been restored to sanity.
(Code 1897, §4814; Code 1907, §7009; Code 1923, §4307; Code 1940, T. 15, §3.)