.’ 

-_ 

a 

. 

OFFICE OF THE AITORNEY GENERAL OF TKXAS . 

AUBnN 

Xonorable ‘Geor&e H. Sheppard 

Comptroller OS Sublia Aooounts 

Austin, ltixas . ‘ . 

Dear Sir: . Oplnlon Ilo. O-7029 . .. 

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 

5~4 thrg63 os'mraor genQin(;~a&.n~t 

the ik.ne. defeudmt was oubuequently diemissed, can this dopertme?ct ‘kzeuo vrnrraht in. 

. 

. 

. 

, 

’ _ 

- 

: 

. . 
; 

‘6 . . 

pamenL t6 the~county’ofSlcials olaioing Sees 

under this ~oaae, both for exminir~ trial and 

Diatriot Court,Seeo? Xould it make any differenoe whether the felony oharEa vias~orie of nurder 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.,* 

120 . 

. 

.* 

.- 

;: . 

,T&is deepertie& reoelv~d in answer to our re$ueot S&additlorial 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, 

$9af;y.p0$dLag in the District Court OS K&!&lo Oo~ty, 

. . . : 

: \ 

s .

. 

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&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. ThereUpOn 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 

deter&no the tmity of the defeadnnt ot such~tize.6 _ i, . . 

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' purishxmnt which may be asf3es6ed is a rine, jail sentence 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, 

the 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 dafendant 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 diskhbr&aa. sf %he jury rind5 that the 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 

oomuitted and insane at the tin!e of &he trial,,ths '_. 

oourt shall thereupon tike and have entered on the 

ninutes 0r the court,sn order ootitting the defen- : 

dant tothe'ouatody of the sheriff, to be kept subjest 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 defendant 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 

._ . .

- _z 

1 . 

. . 

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 

Steps to hdic the dCf&IEnt 00&r ---ittod to nrid canfined in 

a Stete iioq&tal for t.ho inaanc until he bccor:cs sane. 

(2% 932a, v. k, C. c. P.)" 

. . 
, ‘. 

. . 

: 

:* . . 

i ’ son. GCO. ii. Sheppard, pago 5 

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 the 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 accounts is exhausted, the Ccmptroller shall file tho 

,. 

sgtm'aWay,.iP found to'be correot,.and issue a csrtifioate in $..he.nane 0l: tbc officer entitled to the 881~3,~ ' 1 

atatine herein the saount of the olaln an& the charaoter 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 

barred.w ( efap hr -SiS .OUTE 

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 inqdry. .. 

. . :. 

._ 

Your8 very truly;'~ 

.-. 

BY. 

*. 

By' I 

& .c. &k?J+ 

it. C. DDVIS, Jr. * h 

Assistant 

eze 

/----.