McDonald v. Keiter

Appellant here contends that a court-appointed psychiatrist has determined that he is sane, and that his commitment to the Lima State Hospital by the Montgomery County Court of Common Pleas is, therefore, unlawful.

It has been held that one who pleads “not guilty by *283reason of insanity,” and who has been committed to the Lima State Hospital, is not deprived from thereafter seeking a writ of habeas corpus for the purpose of showing that he is sane and, therefore, unlawfully restrained of his liberty. In re Remus (1928), 119 Ohio St. 166, 162 N. E. 740. The General Assembly has expressly provided…