State v. Staten

This appeal is based upon the contention that the proper test was not used by the three-judge Common Pleas Court in determining whether defendant should be found not guilty by reason of insanity.

The argument of defendant’s counsel to the trial court represented in large part an attack upon the M’Naghten test for determining the defense of insanity.

After hearing that argument and the argument of the prosecutor, the presiding judge at the court stated:

“At this time, I will state that the court feels that the McNaughten [sic] rule is the law of Ohio.”

There is nothing further in the record to…