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TOWNSEND v. STATE

No. 41126.

427 S.W.2d 55 (1968)

Jewel David TOWNSEND, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 24, 1968.

Attorney(s) appearing for the Case

Dan Sullivan, Robert E. Barber, Andrews, for appellant.

Don M. Nugent, Dist. Atty., Kermit, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

ONION, Judge.

The offense is Burglary with Intent to Commit Theft; the punishment, enhanced under the provisions of Article 63, Vernon's Ann.P.C., life.

We are squarely confronted at the outset with the most serious question in the case. Did the trial judge err in refusing appellant's timely presented demand, supported by affidavit, for a preliminary hearing upon the sole issue of his competency to stand trial (present insanity)?

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