State v. Gilmore

The defendant was charged with assault and robbery while armed with a dangerous weapon. ORS 163.280. His defense was insanity. He was found guilty and appeals.

I

On July 2, 1963, a probate court found the defendant to be mentally ill and committed him to a state institution. He was discharged from such institution on July 16, 1963, readmitted on July 19, 1963, and discharged again on August 23, 1963. The crime charged was allegedly committed on September 21, 1963. Immediately after indictment he was examined and on October 11, 1963, he was found to be mentally incapable of assisting in his…