Summary
In State v. McPherson, 151 Ohio St. 275, 85 N.E.2d 295, it appears that an appeal was taken from the order of commitment challenging the constitutionality of the act.
Summary of this case from State v. TheisenOpinion
No. 31590
Decided March 30, 1949.
Appeal — Dismissal by Supreme Court — Moot question — Criminal law — Commitment of defendant to Lima State Hospital for mental observation — Sections 13451-19 and 18451-20, General Code.
APPEAL from the Court of Appeals for Summit county.
Neal McPherson was indicted for sodomy, tried by a jury and found guilty. He filed a motion in arrest of judgment and for a new trial. Without ruling on that motion or pronouncing sentence, the Court of Common Pleas by journal entry ordered the defendant taken to the Lima State Hospital to remain under observation as to his mental condition for a period of not more than sixty days, pursuant to the provisions of Sections 13451-19 and 13451-20, General Code.
Defendant perfected an appeal to the Court of Appeals from the order of commitment and challenged the constitutionality of those sections of the General Code. The Court of Appeals stayed the order of commitment and thereafter held constitutional the sections providing for such commitment, adjudged that the commitment order of the trial court was valid and affirmed the judgment of the Court of Common Pleas.
Defendant filed in this court a motion for leave to appeal and an appeal as of right. The motion for leave was allowed and a motion to dismiss the appeal as of right was overruled.
Mr. Alva J. Russell, prosecuting attorney, and Mr. Gilbert A. Hartz, for appellee.
Mr. E. Guy Hammond, for appellant.
After the appeal was perfected in this court, defendant agreed to a mental examination as ordered by the Court of Common Pleas. A mental observation was made at Lima State Hospital in pursuance of the order of that court.
The question of the commitment of defendant to that hospital is moot and, therefore, the appeal is dismissed. Miner v. Witt, Clerk, 82 Ohio St. 237, 92 N.E. 21.
Appeal dismissed.
WEYGANDT, C.J., MATTHIAS, HART, ZIMMERMAN, STEWART, TURNER and TAFT, JJ., concur.