Darnell v. State

Citations

• 24 Tex. Ct. App. 6
• 5 S.W. 522
• 1887 Tex. Crim. App. LEXIS 154

Syllabus

<p>1. Practice—Insanity.—Article 960 of the Code of Criminal Procedure of this State provides that “when, upon the trial of an issue of insanity, it is found that the defendant is sane, the judgment of conviction shall be enforced as if no such inquiry had been made.” The effect of this statute is to declare that the judgment of the trial court adjudging the defendant to be sane shall be conclusive of that issue, and that, thereupon, the judgment of conviction shall be enforced.</p> <p>2. Same.—Appeal to this court can be prosecuted only after the trial and conviction of the accused in the lower court for an offense and the entry of final judgment against him, which must appear in the record. A judgment rendered in an ex parte proceeding in the trial court, upon the issue of insanity of the accused, after his trial and conviction of an offense, is not such a judgment as will support an appeal to this court.</p> <p>3. Same—Case Stated.—In 1883 the appellant in this case was tried and convicted in the district court of Wood county for murder of the first degree. On his appeal to this court the judgment of conviction rendered below was affirmed. Subsequent to this affirmance, and before sentence was pronounced, information was filed in the district court setting forth that the accused had become insane. The trial of this issue resulted in a judgment of insanity against the appellant and he was confined in the State Lunatic Asylum. In the process of 'time he was discharged from said asylum as sane, and was delivered to the sheriff of Wood county. Thereupon a statutory affidavit, alleging that the appellant had become sane was filed in the district court, and, upon the hearing of the issue, thus presented, the jury found, and the court adjudged, the appellant to be sane. From this judgment this appeal is prosecuted. Held, that this is not a final judgment of conviction for an offense, such as is contemplated by law, and can coofer no jurisdiction upon this court. Therefo