STATE v. THOMAS

No. 38250.

175 Ohio St. 563 (1964)

THE STATE OF OHIO, APPELLEE, v. THOMAS, APPELLANT.

Supreme Court of Ohio.

Decided March 11, 1964.


Attorney(s) appearing for the Case

Mr. Rex Larson, prosecuting attorney, and Mr. William F. McKee, for appellee.

Mr. Harold E. Gibson, for appellant.


ZIMMERMAN, J.

Section 2947.25, Revised Code, as now in force, recites:

"After conviction and before sentence, a trial court shall refer for examination all persons convicted under Section * * * 2905.44 of the Revised Code * * * to a state facility designated by the department [Department of Mental Hygiene and Correction]." (Emphasis supplied.)

In our opinion, such a temporary referral for examination is no more than a procedural incident and...

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