State v. Smith

4 Citing cases

  1. Thursby v. State

    223 A.2d 61 (Me. 1966)   Cited 33 times
    Stating that we could “assume from the presumption of regularity which attaches to final judgments of convictions, that if the trial court had entertained any doubt as to the [defendant's] ... sanity or competence ... it would have used its inherent power to probe into his mental condition for purposes of triability”

    When counsel becomes possessed of knowledge of a defendant's lack of mental capacity to comprehend his situation or to properly make his defense, it becomes his duty to promptly bring the matter to the attention of the court. People v. Maynard, 347 Ill. 422, 179 N.E. 833 (1932); State v. Smith, 173 Kan. 813, 252 P.2d 922 (1953); Magenton v. State, supra. Furthermore, if the trial court learns from observation, reasonable claim or credible source that there is genuine doubt of defendant's mental condition to comprehend his situation or make his defense it is the duty of the court to order an inquiry concerning defendant's competence to stand trial, otherwise termed defendant's present sanity and determine that issue, and it may do so on its own initiative.

  2. Bosel v. State

    398 P.2d 651 (Alaska 1965)   Cited 5 times

    The trial judge must have entertained such a real doubt in this case or, we feel certain, he would not have gone the length he did to assure himself, by questioning counsel, that the defendant had been examined by a psychiatrist, and that the psychiatrist had made a report indicating that the defendant was able to aid and assist in his own defense. State v. Smith, 173 Kan. 813, 252 P.2d 922 (1953); Annot., 142 A.L.R. 961, 966-971 (1943). State v. Smith, supra note 9.

  3. State v. Kelly

    391 P.2d 123 (Kan. 1964)   Cited 15 times

    " (l.c. 39.) See, also, Brewer v. Hudspeth, 166 Kan. 263, 269, 200 P.2d 312, and State v. Smith, 173 Kan. 813, 815, 252 P.2d 922. In applying our statute (G.S. 1949, 62-1531) the test of a defendant's sanity is not the so-called M'Naghten or "right and wrong" rule.

  4. Magenton v. State

    76 S.D. 512 (S.D. 1957)   Cited 15 times
    In Magnenton v. State, 76 S.D. 512, 81 N.W.2d 894 (1957), this court held a defendant need not be actually insane in the sense of lacking criminal responsibility for an act, to be entitled to a competency trial under SDC 34.2002, as the issue involved is sanity for the purpose of present triability.

    [7, 8] Whenever counsel for the accused or for the state become possessed of knowledge of accused's lack of mental capacity to comprehend his situation or to properly make his defense, it becomes their duty to promptly bring this matter to the attention of the court. State v. Smith, 173 Kan. 813, 252 P.2d 922. The fact that counsel for the accused does not request a trial of this issue is significant.