State v. Ossweiler

Citations

• 111 Kan. 358
• 207 P. 832
• 1922 Kan. LEXIS 248

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Mental Disability of Defendant to Make Proper Defense— Duty of Court to Investigate. Rule applied that, when it is brought to the attention of the' court that a defendant, about to be proceeded against for crime, is incapable, because of mental disability, to make proper defense, the court should investigate the defendant’s mental condition before going forward with the proceeding.</p> <p>2. Same — No Formal Application for Investigation Necessary — Law Makes Application. It is not material that the showing of present mental disability be in affidavits made in support of an application for continuance only, and it is not necessary that counsel, either for the state or for the defendant, make formal application for an investigation of the defendant’s ' sanity. In effect, the law makes the application for the defendant, and it is the court’s duty to find out, by one of the statutory methods, whether he is in fit mental condition to be tried.</p> <p>3. Same — Finding of 'Mental Dejects of Defendant — Duty of Court. Should the court find the defendant to be suffering from mental defect other than feeble-mindedness, he should be committed to the hospital for dangerous insane, under the provisions of section 4 of chapter 299 of the Laws of 1911. Should he be suffering from feeble-mindedness, he should be remanded to the probate court, under the provisions of section 2 of chapter 299 of the Laws of 1919.</p> <p>4. Same — Mental Defects of Defendant — Evidence Sufficient to Challenge Attention of Court. Affidavits of responsible persons, filed in support of an application for continuance, considered, and held to contain expressions of opinion and statements of fact sufficient to challenge the attention of the court to the subject of the defendant’s inability to comprehend his position and to make his defense.</p>