State v. Jemison

I concur in the judgment for the reasons set forth herein.

The entry, filed July 16, 1965, committing the defendant in the trial court to Lima State Hospital contains two significant phrases, as follows: (1) “it was suggested to the court that the defendant is not now sane,” and (2) “pursuant to the provisions of Section 2945.37 of the Revised Code of Ohio.”

Section 2945.37, Revised Code, does not authorize the sending of an accused to Lima. Only Section 2945.40, Revised Code, contains such authorization when insanity is set up as a defense. Whether by design or mistake, the order of the court…