PENA v. STATE

No. 30274.

320 S.W.2d 355 (1959)

Jesse PENA, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 7, 1959.


Attorney(s) appearing for the Case

Trueheart, McMillan, Russell & Westbrook, San Antonio, Joel W. Westbrook, San Antonio, of counsel, for appellant.

Hubert W. Green, Jr., Dist. Atty., Edward R. Finck, Jr., Asst. Dist. Atty., San Antonio, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

The indictment returned January 16, 1958, charged appellant with the murder of Frank Garcia on or about November 6, 1957, by cutting and stabbing him with a knife and by shooting him with a pistol.

Upon motion supported by affidavits that he was not mentally competent to make a rational defense to the charge, a jury was impaneled to pass upon the insanity issues, and on March 8, 1958 the jury, having heard the evidence, found that appellant...

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