From Casetext: Smarter Legal Research

Williams v. State

Court of Criminal Appeals of Texas
Nov 30, 1938
124 S.W.2d 990 (Tex. Crim. App. 1938)

Opinion

No. 19910.

Delivered November 30, 1938.

Insanity After Conviction — Suspension of Proceedings.

Where the record discloses that defendant, since his conviction and after notice of appeal had been given, was tried in the district court in which the indictment had been returned and found to be insane, motion of defendant's attorney filed in appellate court to suspend all further proceedings until defendant becomes sane is granted, and Clerk of the Court of Criminal Appeals directed to retire cause from the docket until it shall be properly shown that defendant has again been tried and found to be sane.

Appeal from the District Court of El Paso County. Hon. W. D. Howe, Judge.

Appeal from conviction for murder; penalty, confinement in penitentiary for 25 years.

Motion to suspend further proceedings granted.

The opinion states the case.

Charles Owen and Sam K. Wassaff, both of El Paso, for appellant. Roy D. Jackson, District Attorney, and Harold S. Long, Assistant District Attorney, both of El Paso, and Lloyd W. Davidson, State's Attorney, of Austin, for the State.


The offense is murder; the punishment, confinement in the penitentiary for 25 years.

The record discloses that since appellant's conviction, and after notice of appeal had been given, he was tried in the district court in which the indictment had been returned and found to be insane. Appellant's attorney has filed in this Court a motion to suspend all further proceedings in the case against appellant until he becomes sane.

With reference to a trial of an issue of insanity after conviction, Article 925, C. C. P., reads as follows:

"Upon the trial of an issue of insanity, if the defendant is found to be insane, all further proceedings in the case against him shall be suspended until he becomes sane." (Italics ours.)

It would appear that the italicized language relates to proceedings in this Court as well as proceedings in the trial court. We are therefore constrained to grant the motion.

The motion to suspend further proceedings is granted and the Clerk of this Court is directed to retire this cause from the docket until it shall be properly shown to this Court that appellant has again been tried and found to be sane.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.


Summaries of

Williams v. State

Court of Criminal Appeals of Texas
Nov 30, 1938
124 S.W.2d 990 (Tex. Crim. App. 1938)
Case details for

Williams v. State

Case Details

Full title:S. F. WILLIAMS v. THE STATE

Court:Court of Criminal Appeals of Texas

Date published: Nov 30, 1938

Citations

124 S.W.2d 990 (Tex. Crim. App. 1938)
124 S.W.2d 990

Citing Cases

Nugent v. State

These statutes apply to this court as well as in the trial court. See Jones v. State, 137 Tex.Crim. R., 128…

Jones v. State

Said article provides that if a defendant is found to be insane all further proceedings in the case against…