Case Information

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a

. OFFICE OF THE AITORNEY GENERAL OF TKXAS .

AUBnN

Xonorable ‘Geor&e H. Sheppard

Comptroller OS Sublia Aooounts

Austin, ltixas . ‘ . Oplnlon Ilo. O-7029

Dear Sir: . . ..

. , of Insanity ‘is udged lnsana. ’ of insanity have uclblo cascsO e.r-oowtiea on a foe i.Sic case is IKW pre8ccnted~ to th&o “I’~ ‘~~

as .follows: k defendant 3.0 indioted. Upon trial. of the onso, a ~100 of is iiwoka,d Andy defendant was adjudged genQin(;~a&.n~t 5~4 thrg63 os'mraor

the ik.ne. defeudmt was oubuequently die- missed, can this dopertme?ct ‘kzeuo vrnrraht in. *2 120 .

; . . ‘6 .

pamenL t6 the~county’ofSlcials olaioing Sees

under this ~oaae, both for exminir~ trial and

Diatriot Court,Seeo? Xould it make any differ-

enoe whether the felony oharEa vias~orie of nur-

der or any other felony ouoh as rape? Or w0ul.p;

‘it nake any difforenco whethar the oone 80s

dlsAaeed or lert Dendiug? ‘Gould the question -. ‘.

OS 1Mtation run a&ainst the See accounts Ln

the iaurder case? .* . . .- ;: . WI oonneotion’with the last quastion, I refbr

you to.Artloles 1020, 1027, 1034 and 1035, %. c. P.,*

,T&is deepertie& reoelv~d in answer to our re$ueot S&addi- tlorial inr”orr-3atlon the SollovAh~ lettor fro31 Jud,se Drian zontague, 0313 Judlcinl District, .Del Uo, T&as:

*This will ack!&.rrledge the letter addressad to me, _.undei’ date OS Jahuary: 30; 1346, relative to a ragusst

for-an ‘Opinion concoldng the pnymefit of fees in Case. $1350 etyled The State of Texas ‘veraus Terry Handle, s .:. $9af;y.p0$dLag in the District Court OS K&!&lo Oo~ty, . . : . : \ muon;’ J* ~B.’ ma0tolph, Jud& of theill2tts District’ OS Tex88, having; advised us of his dLgmliSlcation in the .trLsl of ‘the above cause, ,I woe. thereupm deeiguated by the Judga of the sixth AMniatratlve Distriot to praalde in the .trial ‘of the. above oausa, and did dc so.

0ti ihdic*ent was returned.& this oausc dur& the .mnth OS October; 1945, charging, the defendant, Terry Daahdle, with the oSSense of .murder with .mllca. On

Jtiusry 3,. 1946 I called this oase Sor trial, havin& previously gone to Junotlon for the purpose of dravfitig a special verlre for said triaf,~ and, when called, the dafendant, through hfs attorney, filed ah affidavit .

elleging the limanity of- the defandcnt, Terry Handle, ut .the tlme.oSthe alleged oomgl.sslon of the offense \ and ~YW* , that is, on +mwwr 3* 1966.

LIn confor&ty with the provisibns jS law a jury was thcreu>on izgmeled for the trial OS th* laaucs

nede by fiaid arfi.aevlt, and upon the conclusion of the int-rodnotio0 OS ,the t0stizony the i?hor~e of tie Court was oubzlttcd to the jury, which oohsisted of special ‘ issuea, the first of vJhi0h reqtiisatctd t&lr ans%r as -_

to whetbsr or not the derenaant was sazie or insane cm the date of the alleged oocmisslon of the orream, _ ._ _

to-wit, SeDteaber 11. l.Fk5: and the secokd isaue was . whethei. or-not thedefendant was sate or iusauc~ et this tick3 (Jenuary 3, 1944). To eaoh issue t&e answer of the jury wee that the defendant was insane. There- UpOn th0 jUd@Ient Or the COUXt, Which WJS enter&, ~38.

one rinQfng the deffA1daAt insane at the tI$le Of the all.cgeU oo~ssion'of,tf~~.offuroe and et the dite 0r

his trial..

Vhe qase was by no mane disatissod and. by the sare token, it certsiri was not left pendin& but has been fln6lJ.y 6dJudiorted for, undidsr the decisiom of this state; the defemmt oculd aever be tried ra! tiis arlninal offense charged by the lndlctzeent. Under the statute alluded to, the only possible p,rocaed& whi.i'dh hereafter can be-had in this cam would be uother%rial, 66su%il;g the proger predlcato 'is laid at that tLze, to i, . . deter&no the tmity of the defeadnnt ot such~tize.6 Chai;ter 2 or Title 15, Vornori?o hnnotated co& 0rlorinin& .’

lmcedure,~ (hrticle8 1018 throu& 1036) prmidas ror oosta wkioh WI paid by the State. Art; 1027;.Vi A. 0, c. F., provides: .’

*In all uases where a' defendaht is tidictod. roe,

a realmy btit uddaz the lndiofment he EXW be .coG Viated bf a 8tiuCcncl~nor ok'felony, ahd the' purish-

xmnt which may be asf3es6ed is a rine, jail sen-

tence or both such. fine and inp?iaoxgeat in Jail,

the Stat0 shall- pay ho reoa or my officer, ek- . .

cept where'the defcmdcnt is ~indioted for &iu?dor,

until t,hecaee has been finelly disposed. of In

tha trla?. court;S1 (emphasis oars)

So&ion 3 0r Art. 932a, Y. A. 0. d. P., providesr %hen thq defendant so cozmlttod to a hospital-;, -for the iti6anO bocoms sane, 'the supcrlctende,nt 0r tha~hospital:shaall clve written hoticc of tb.at faitt: to thi Judca of the Court~from which the o%kr of

coasiituent issued. Upon receipt of such notice, Judge shall re@re the sheriff to britls the

dcfendantfros~ the hospital and place him in the

. Proper custody until the heazih~.rzay be had before

a jury in such Court to~~d.ct,emine defendar;ttu .

sanity, cud if he bo rounds Dane, & s%+ll .Se

$isehcr~od, unles~s he Bed boon p~~vioasl~ found

;- .- ;

d.

aon. Geo..H, ShepDard, pace 4 . . tb'be' sane at the tine at which he is alleged to

hara oomdttea the ~offense charzea, in whiC& event,

unless'previously aocuitted, ha nhall be tried for

the orfense oharzed." (enphaois ours)

We held in i)pinion lie, o-3691:

** * *krtbZ the indictuent has been returned, and where inoanity is interpose1 as a defense, the dafen- dant or accused posy be tried on,that issue alone in

the District Court before the main ohar&e: If the

jury rinds the befondant insane, or to have been

iasime at the tirim the aot'is alie@.3d to have be6n ~' “' ' oo&uitted, they shall so state in their verdict, or

if the jury rinds that thedefcndant \ras insane at

the t&e the aot Is alleged to have boen ootitted but sane at tho trial, he shall be ifmediately dis-

khbr&aa. sf %he jury rind5 that aerenamt~~naa. _

in0an0 at the ti&3 the act is alleSed,tO have, been eonuitted and insane. at the ticm of the trial, or ._ . . -ssne~ at the tine the- act is.alleged to hsvo been _z '_. oomuitted and insane at the tin!e of &he trial,,ths ninutes 0r the court,sn order ootitting the defen- : oourt shall thereupon tike and have entered on the ^[1] dant tothe'ouatody of the sheriff, to be kept sub- jest to tha .further or&er 0r the county jtiase -Or 'the County, end the proceedings shall forthwith be. certi-. ma to'the county juaae who shall at onoc tako'the -neoessary step~s to have the aerenaant oozivaitted to' . .

and oonfined in the State XosDital for the insane

until he beoonas'.sane. On the other hand, nhsn the

aer6ESe on the'trial of the w3in charge is the insanity of the ,defendant the jury shall bo instructed, : if they atquit h?in on that ground, to stat.0 thut fact"

with their verdict, and if ,they furthar rind the defen- dant to have been insane at the tize the act is alleged . .

to have been conuitted, but 8ane at the time of the . trial, he shall be ixmdiately discharged, Hovsevur, If the Jury finds that the ~defend&it iGs insane .at the tine the act is alle&ed to have been corYJitted and insane at the.tiize of trial, or 5~3115 at the ti-?e the aat is allcOed to have been co@.tted and insane at the tke

of the trial, the court shall thereupon nake and have entered on the ninutcs of the coilrt on order oo&ittlnd the acranaant to the custody Of the sheriff, to bo kept subject to further order of t!la cwmty jtid(;o of the

cou!lty, end the. procoe~dinga shnll fo?thvlth be ccrtificd to tim oounty JuQe who shall~ st once tekc the neoceaary 00&r ---ittod to nrid canfined in Steps to hdic the dCf&IEnt a Stete iioq&tal for t.ho inaanc until he bccor:cs sane.

(2% 932a, v. k, C. c. P.)" *5 , ‘.

. . :* ’ son. GCO. ii. Sheppard, pago 5

i Thereforei uhero.thi.def&dant ii~ charGad with a felony cad, upm trial, the plea of insanity is.invoked and the

defend-t 18 adjudged ilrsa~&e, it is our opinion that the *ease has been ii.ua~ disposed of in the trial courtfil

rithti the neanirig or tit. 1027, qpa.

On the baoi.s of facts relative to the clain aubnlttetl, there 9188.8 final adjudioation of the %nStant case. l'heraforo, it la gur opinion that you 9-e authorized to issu8 warrant8 in pepymt of See? in the present olalm.

Art4 lo@, V. A. c. $.. F., prOVide8;

'The ~OiiQt~o~er upon .the receipt of such OlaFfl, and said certified copy of the niriutes of ml4 Court, ,I,~ shall Closely and carefully emuine the mm, and if.

he deems the aam to be ,corruct, he ahall drav his

warroot on the Stata Tressurer for the amount fouiid

by hln-to be due, end.in favor of the officer entitled ' to the 88zae. ff the appropriation for paying suoh ac- ,.

counts is exhausted, the Ccmptroller shall file tho

sgtm'aWay,.iP found to'be correot,.and issue a csrtifi- oate in $..he.nane 0l: tbc officer entitled to the 881~3,~ ' 1 atatine herein the saount of the olaln an& the charao- ter of the services perforsd. Al.1 suoh cl&is or

eooounts not sexit to or ~lacod on rile in ti3.g office

of the Ooa~trolltsr within tvmlve '(12) months Iro2a t%

date the saze becomes due and paysble 8hoU be forolar ( efap -SiS .OUTE

barred.w hr It io OUI! opikon that said statute a&lies to Pe& &'a ~nurder aase a8 well es other foldnios.

Xe trust that&e have satisfactorily-answcrad your in- qdry. .. :. ._ Your8 very truly;'~ .-.

.c. &k?J+ & BY. Jr. h it. C. DDVIS, * Assistant *.

By' I

eze /----.