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NEWTON v. BROOKS

246 Or. 484 (1967)

426 P.2d 446

NEWTON, Respondent, v. BROOKS, Appellant.

Supreme Court of Oregon.

Reversed and remanded April 12, 1967.

Attorney(s) appearing for the Case

Wayne M. Thompson, Assistant Attorney General, Salem, argued the cause for appellant. With him on the briefs was Robert Y. Thornton, Attorney General, Salem.

Alan D. Gross, Salem, argued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.

REVERSED AND REMANDED.

GOODWIN, J.

The superintendent of the Oregon State Hospital appeals an order in habeas corpus discharging from his custody a person who had been committed under ORS 136.730 following acquittal of criminal charges on the ground of "insanity". The controlling statute reads as follows:

ORS 136.730. "If the defense is the insanity of the defendant, the jury shall be instructed to state, if it finds him not guilty on that ground...

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