State v. Coombs

The sole question before this court is whether the trial court, as trier of fact, erred in failing to find defendant not guilty by reason of insanity. The court of appeals held that the lower court did so err. We reverse.

The standard for demonstrating legal insanity in a criminal case was enunciated in State v. Staten (1969), 18 Ohio St. 2d 13 [47 O.O.2d 82], paragraph two of the syllabus:

“In order to establish the defense of insanity where raised by plea in a criminal proceeding, the accused must establish by a preponderance of the evidence that disease or other defect of his mind had so…