Opinion
March 23, 1962.
April 12, 1962.
Criminal Law — Mental illness — Defendant mentally ill and of criminal tendency — Commitment to Farview State Hospital — Evidence — Act of June 12, 1951, P.L. 533, as amended.
In this case, in which it appeared that on petition of defendant's mother, filed under The Mental Health Act of June 12, 1951, P.L. 533, as amended, the court appointed physicians to investigate the condition of the prisoner and to report thereon; that the physicians found that the defendant was mentally ill and in such condition as to make it necessary that he be cared for in a hospital for mental illness, and further that in their opinion he was of criminal tendency; and that the court below, finding after hearing that defendant was mentally ill, and had a tendency to repeat offenses against the law or to perpetrate new offenses, as shown by a tendency to habitual delinquency, and that he was therefore of criminal tendency, entered an order committing defendant to Farview State Hospital; it was Held that the order of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD JJ.
Appeal, No. 88, Oct. T., 1962, from order of Court of Quarter Sessions of Chester County, Sept. T., 1961, Nos. 189, 189A, in case of Commonwealth of Pennsylvania v. Arthur E. Martin. Order affirmed.
Same case in court below: 26 Pa. D. C. 2d 509.
Indictment charging defendant with rape. Before GAWTHROP, P.J.
Order entered finding defendant mentally ill and directing commitment to State Hospital. Defendant appealed.
Ronald M. Agulnick, with him Fred T. Cadmus, III, for appellant.
Samuel J. Halpren, District Attorney, for Commonwealth, appellee.
Argued March 23, 1962.
The order of the court below is affirmed on the opinion of President Judge GAWTHROP for the court below, as reported in 26 Pa. D. C.2d 509.