McCane v. Alvis

• Decision Date: 24 September 1954
• Citation: 98 Ohio App. 506,130 N.E.2d 372
• Parties: , 58 O.O. 45 McCANE, Jr., Appellant, v. ALVIS, Warden, Appellee.
• Court: Ohio Court of Appeals

Page 506

98 Ohio App. 506

130 N.E.2d 372, 58 O.O. 45

McCANE, Jr., Appellant, v. ALVIS, Warden, Appellee.

Court of Appeals of Ohio, Franklin County.

Sept. 24, 1954.

Syllabus by the Court.

1. Where an accused in a criminal action makes no suggestion of insanity to the Common Pleas Court in accordance with the provisions of Section 13441-1, General Code, but instead enters a plea of guilty and sentence is pronounced accordingly, the right of such accused to a sanity hearing is waived by his plea of guilty, and the fact that accused was under guardianship at the time does not exempt him from prosecution for his criminal acts.

2. The facts that accused was under guardianship at the time of trial and that he had been adjudged mentally incompetent by an authorized judicatory of the United States Army are only evidence which may be considered by the jury in passing upon his sanity.

Alexander H. Martin, Cleveland, for appellant.

C. William O'Neill, Atty. Gen., Hugh A. Sherer, Columbus, and Thomas R. Lloyd, Cambridge, for appellee.

MILLER, Judge.

This is an appeal on questions of law from a judgment of the Common Pleas Court denying the petitioner, appellant herein, a writ of habeas corpus. The record discloses that the trial court made a separate finding of facts and conclusions of law, and it is urged that the court erred in its legal conclusions.

It appears that the petitioner was indicted on January 21, 1950, on the charge of armed robbery, five counts; that counsel was duly appointed for him before trial; and that upon advice of counsel a plea of guilty was entered and sentence was then pronounced. The only ground of substance urged by counsel for appellant is that at the time of trial the appellant was mentally unable to understand the offense with which he was charged. In support of this charge it appears that on January 26, 1950, he was adjudged by a duly authorized judicatory of the United States Army to be 'a basically feeble-minded individual but showing suggestive evidence of mental condition superimposed on his mental deficiency. This concondition has existed for a number of months since * * * July, 1945.'

The adjudication recites further that in March 1946, he was charged in Cuyahoga County with an offense and that upon the suggestion of insanity being made he was committed to the Lima State Hospital. The hospital authorities reported to the court that he was, 'innately feeble-minded and that his present mental condition is...