Conviction for murder; punishment, seven years in the penitentiary.
There seems no question of the sufficiency of the facts. We think the learned trial judge to be commended for the careful conservation of the rights of the appellant shown by this record. When the case was called for trial, it was made to appear that there was a serious question as to the mental ability of the accused to aid, advise with, and assist his counsel in the trial. The trial court postponed the hearing for six weeks. When the case was again called for trial, it was again presented to the court that the mind of appellant had not sufficiently cleared up to enable him to sanely take an appropriate part in his trial. Thereupon the court directed an inquiry at the hands of a jury properly conducted for the purpose of ascertaining whether or not from the facts, in the judgment of a jury, the accused was of sound mind and able to proceed with his trial. The affidavit of insanity was made by a brother of appellant. The result of this investigation was a verdict of the jury that appellant was sane. Thereupon the case was called for trial, a trial was had, and a verdict of guilty returned.
We find in the record but one bill of exception which complains generally of the fact that the appellant was not mentally or physically able to defend himself properly, and of a refusal to continue the case for this reason. It appears that the application for continuance upon this ground was made after the investigation had before the jury of appellant’s mental condition, and after the verdict of the jury had been returned find
Believing no error appears in the record, the judgment will be affirmed.
Affirmed.