Driver v. Seay

Cleo Driver was charged with attempted rape and sodomy in separate indictments to which he pleaded not guilty. On January 25, 1943, the issues raised by the indictments and the pleas were submitted to a jury, who returned the following verdict: “We, the jury, find the accused insane.” Thereupon the trial court committed the accused to the Southwestern State Hospital, Marion, Virginia. Later, the superintendent of the hospital declared him sane and returned him to the custody of the sheriff of Henrico County. On February 24, 1944, the accused was arraigned again on the same two indictments. He…