State Ex Rel. Leeb v. Wilson

This is an appeal from a judgment of the Common Pleas Court of Allen County in an action for ha beas corpus brought by an inmate of the Lima State Hospital. The petitioner who had been found not guilty by rear-son of insanity in a criminal action for arson and manslaughter had been placed in Lima State Hospital by virtue of the mandatory provisions of R. C. 2945.39:

“When a defendant pleads ‘not guilty by reason of insanity,’ and is acquitted on the sole ground of his insanity, such fact shall be found by the jury in its verdict, and it is presumed that such insanity continues. In such ease…