The Texas Criminal Reports Volume 60 PDF Download

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...in the view that under the record, as presented, error is shown to have been committed in receiving the testimony complained of. The motion is overruled. Overruled. While, under Subdivision 5 of Article 717. C. C. P., the defendant nail the right to make a preliminary statement before introducing his evidence. there was no error in not permitting him to read to the jury an aflidavit made by his mother stating that defendant was insane and had been twice adjudged a lunatic and placed in the asylum. 2.--Same--Insanity--Void Judgment-Judgment of Lunacy--Evidence. Where the lunacy judgment in evidence relied upon by defendant bore upon its face evidence that the decision that he was a lunatic was not made by a jury but by a commission which purported to act under Chapter 163, Acts of the Thirty-Third Legislature, which has since been declared void. the same was without force and effect; besides, the evidence showed, in the instant case, that the defendant had been released by the officers of the asylum upon parole, and that the offense took place nearly two years and a half after his release. and that he had been without restraint and had gone at large, and there was nothing upon which the inference could be based that his liberty was not with the full sanction of the asylum authorities. said judgment was not a bar to this prosecution. Distinguishing Hazelwood v. State, 79 Texas Crim. Rep., 483, and other cases. 3.--Same--Argument of Counsel--Lunacy Judgment Where, upon trial of robbery, the defendant introduced a certain lunacy judgment, there was no error in the State's counsel's argument that said judgment was void and had been so declared by the Supreme Court; besides, no request was made to withdraw same. and there was no reversible...