Querner v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

Referring to various sections of Texas Jurisprudence, vol. 24, (p. 609, par. 119, and p. 604, par. 115,) appellant contends that there was error in the charge of the court in failing to instruct the jury that the burden rested upon the State to prove that appellant was sane *414at the time of the commission of the alleged offense. In support of his contention appellant cites Hathcock v. State, 281 S. W., 859, and Tex. Jur. vol. 22, p. 1003, sec. 276, from which the following quotation is taken: “Instructions on insanity must correctly state the law,…