Ohio Supreme Court February 20, 1946, 30449 (State Ex Rel. Townsend v. Bushong)

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By the Court.

It is conceded by counsel for respondent that the provisions of Sections 13441-1 and 13441-2, General Code, are declaratory of and in amplification of the well-settled common-law rule that a person while insane cannot be tried, sentenced or punished for’an alleged crime, and that the only issue presented at a preliminary trial of present insanity is whether the accused has