446 - Habeas corpus.

§ 446. Habeas corpus. 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.