Bush v. State, 33890
| Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
| Writing for the Court | MORRISON |
| Citation | 353 S.W.2d 855,172 Tex.Crim. 54 |
| Parties | James E. BUSH, Appellant, v. The STATE of Texas, Appellee. |
| Docket Number | No. 33890,33890 |
| Decision Date | 03 January 1962 |
Page 855
v.
The STATE of Texas, Appellee.
Rehearing Denied Feb. 14, 1962.
[172 TEXCRIM 55]
Page 856
Billy J. Moore, Ennis, for appellant.Bruce Allen, County Attorney, Waxahachie, and Leon B. Douglas, State's Atty., Austin, for the State.
DICE, Commissioner.
The conviction is for felony theft with two prior convictions for felonies less than capital alleged for enhancement; the punishment life imprisonment, as provided by Art. 63, Vernon's Ann.P.C.
The indictment was returned by the grand jury on February 7, 1961 and charged theft of money of the value of Five Hundred Dollars from one L. C. Hackler.
After return of the indictment, appellant filed in the cause, on April 21, 1961, two motions in which he alleged that he had been adjudged a lunatic on February 14, 1924, in the County Court of Navarro County and that his attorney had reason to believe that appellant was presently insane and was insane at the time of the commission of the offense. In one motion, appellant requested the court to send him to a mental institution for diagnosis and observation before being placed on trial and in the other motion, appellant requested the court to, '* * * appoint and pay for a competent independent psychiatrist's services so that the Defendant can adequately prepare his defense * * * and for suspension of the proceedings for a period of time sufficient to enable the psychiatrist to observe, diagnose, and evaluate the Defendant's mental condition * * *'
[172 TEXCRIM 56] The two motions were by the court overruled.
On April 24, 1961, appellant filed in the cause a motion for a preliminary insanity hearing in which he alleged that he was incompetent at the time to make a rational defense and requested the court to impanel a jury to try the issue of his mental competency at such time and at the time of the alleged commission of the offense charged against him.
In response to the motion, a jury was duly selected and impaneled by the court on April 24, 1961, to try the issue of appellant's insanity.
After a hearing, the jury returned into court their verdict finding appellant sane at the time of the hearing and sane on October 21, 1960, the date the offense was alleged to have been committed.
On April 25, 1961, the case against appellant for the offense charged in the indictment was called for trial.
Appellant entered a plea of 'Not Guilty' to the indictment by reason of insanity.
At the trial it was shown by the testimony of the injured party that on the date alleged in the indictment a collection of old coins, of the value of $600, were stolen from his home. Appellant was arrested the following day and some old coins were found in his pickup. Appellant orally confessed to the officers that he had stolen the coins from the injured party and accompanied them to a place where he stated he had abandoned a metal box which contained the coins and had burned some of the papers which were in the box. At such place the officers found a metal box which the injured party identified as the box in which he kept the collection of coins. Certain coins and papers were also found by the officers. The coins were identified by the injured party and his wife as similar to the ones stolen from their home and the wife identified certain writing on coin wrappers as being her writing. The coins recovered by the officers, which were in denominations of pennies, nickels, dimes and quarters, were shown to have a value of over $50.
Proof was made by the State of the two prior convictions alleged in the indictment and evidence was introduced showing that appellant was the person so convicted.
[172 TEXCRIM 57]
Page 857
Appellant offered in evidence, on the issue of insanity, a certified copy of a judgment entered in Cause No. 3,387 in the County Court of Navarro County, on February 14, 1924, wherein appellant was adjudged to be a lunatic in a lunacy proceeding.The State called lay witnesses who expressed their opinion that appellant was of sound mind, both at the time the offense was alleged to have been committed and...
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De Freece v. State, No. 502-92
...for sanity, much less an expert for the express purpose of assisting the defense. Crain v. State, supra; Bush v. State, 172 Tex.Cr.R. 54, 353 S.W.2d 855 (1962), citing United States ex rel. Smith v. Baldi, 344 U.S. 561, 73 S.Ct. 391, 97 L.Ed. 549 (1953). 2 By way of amendment to Article 46.......
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Williams v. State, No. 03-04-00010-CR.
...on the merits. Id. at 115 (citing Miles v. State, 688 S.W.2d 219, 224 (Tex.App.-El Paso 1985, pet. ref'd)). See also Bush v. State, 172 Tex.Crim. 54, 353 S.W.2d 855, 858 (1962); Kizzee v. State, 166 Tex.Crim. 191, 312 S.W.2d 661, 663 (1958); O'Neil v. State, 642 S.W.2d 259, 262 (Tex.App.-Ho......
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Short v. State, No. 48695
...of the right and wrong as to the particular act done.' The charge as given by the court was proper. Bush v. State, 172 Tex.Cr.R. 54, 353 S.W.2d 855; Freeman v. State, 166 Tex.Cr.R. 626, 317 S.W.2d 726. See 1 Branch's Ann.P.C.2d, p. 50, § 59.5; McClung's Jury Charges, Revised, p. 99. Page 29......
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Bush v. McCollum, Civ. A. No. 3-63-451.
...testimony was introduced. The Texas Court of Criminal Appeals affirmed petitioner's conviction on January 3, 1962, 172 Tex.Cr.R. 54, 353 S.W.2d 855, and on February 14, 1962 denied rehearing, specifically rejecting petitioner's claim that the Fourteenth Amendment to the Constitution of the ......
-
De Freece v. State, No. 502-92
...for sanity, much less an expert for the express purpose of assisting the defense. Crain v. State, supra; Bush v. State, 172 Tex.Cr.R. 54, 353 S.W.2d 855 (1962), citing United States ex rel. Smith v. Baldi, 344 U.S. 561, 73 S.Ct. 391, 97 L.Ed. 549 (1953). 2 By way of amendment to Article 46.......
-
Williams v. State, No. 03-04-00010-CR.
...on the merits. Id. at 115 (citing Miles v. State, 688 S.W.2d 219, 224 (Tex.App.-El Paso 1985, pet. ref'd)). See also Bush v. State, 172 Tex.Crim. 54, 353 S.W.2d 855, 858 (1962); Kizzee v. State, 166 Tex.Crim. 191, 312 S.W.2d 661, 663 (1958); O'Neil v. State, 642 S.W.2d 259, 262 (Tex.App.-Ho......
-
Short v. State, No. 48695
...of the right and wrong as to the particular act done.' The charge as given by the court was proper. Bush v. State, 172 Tex.Cr.R. 54, 353 S.W.2d 855; Freeman v. State, 166 Tex.Cr.R. 626, 317 S.W.2d 726. See 1 Branch's Ann.P.C.2d, p. 50, § 59.5; McClung's Jury Charges, Revised, p. 99. Page 29......
-
Bush v. McCollum, Civ. A. No. 3-63-451.
...testimony was introduced. The Texas Court of Criminal Appeals affirmed petitioner's conviction on January 3, 1962, 172 Tex.Cr.R. 54, 353 S.W.2d 855, and on February 14, 1962 denied rehearing, specifically rejecting petitioner's claim that the Fourteenth Amendment to the Constitution of the ......