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FUTCH v. STATE

No. 58775.

632 S.W.2d 743 (1982)

Saul A. FUTCH, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 26, 1982.

Attorney(s) appearing for the Case

Gerald K. Payte, Houston, for appellant.

Carol S. Vance, Dist. Atty., Alvin M. Titus and Robert A. Moen, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

W. C. DAVIS, Judge.

Futch was convicted of murder with malice. The court assessed punishment at life.

Appellant now contends the court erred in overruling appellant's motion for a jury hearing upon the issue of his competence to stand trial. We agree.

Futch apparently had a long history of psychosis, and had been declared insane on four separate occasions between March, 1970 and April, 1972, and hospitalized as dangerous to himself...

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