84 S.W.2d 235 | Tex. Crim. App. | 1935
The appellant was tried and convicted of the offense of rape, and his punishment was assessed at confinement in the state penitentiary for a term of 5 years.
The testimony shows that on or about the 24th day of June, 1934, the appellant had an act of sexual intercourse with prosecutrix by force and without her consent. The prosecutrix at the time of the offense was 14 years of age. In support of the prosecutrix's testimony the State offered in evidence appellant's voluntary confession. The appellant interposed a plea of insanity and supported the same by testimony of lay witnesses.
In rebuttal of this testimony the State, among other things, introduced a judgment of the same court which showed to have been rendered upon a trial prior to the day of the trial of this case wherein upon the trial of the issue of appellant's present insanity he was adjudged sane, to the introduction of which the appellant objected because said judgment was upon the issue of present insanity, that it was immaterial to the issue of insanity at the time of the offense and was prejudicial. It appears from the record that on the day prior to the trial an affidavit was filed charging the appellant with being a person of unsound mind and demanding a trial on that issue. The court promptly ordered a trial to determine the issue of insanity prior to the trial of the appellant on the charge of rape. The jury returned a verdict finding the appellant sane and judgment was entered accordingly. The appellant's contention is that the judgment of sanity entered on the day prior to his trial on the charge of rape was not admissible and was immaterial on the question of his insanity at the time of the commission of the offense, which occurred some six months prior to the trial.
It seems to be the well settled rule in this state as well as in other jurisdictions that when the question of a person's insanity is under investigation that all acts, conduct and statements prior to the commission of an offense, as well as at the time of and subsequent thereto, are admissible circumstances to be taken into consideration by the jury in determining the appellant's state of mind at the time of the commission of the alleged offense. In the case of Kellum v. State,
The record fails to show that the appellant objected to the court's charge in failing to limit the evidence to a circumstance affecting the issue of sanity, and in the absence of any objection to the court's charge pointing out the omission, or a bill of exception to the action of the trial court in failing to so limit the evidence complained of, no reversible error is shown.
Therefore, the judgment of the trial court is in all things affirmed.
Affirmed.
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. *666