State v. Cumberworth

OPINION

By SKEEL, J.

Defendant was adjudged guilty in the court of common pleas of the crime of sodomy. The case was tried to the court, the defendant having waived a trial by jury, in the manner provided by law.

The record presents one issue of fact and one question of law. First, whether or not there is sufficient evidence to sustain the defendant’s contention by the proper degree of proof, that although the defendant had sufficient mind to distinguish between right and wrong, with respect to the criminal act; which he admits he committed, yet due to disease of mind he did not have sufficient…