Gans v. State

HENDRY, Judge.

This is an appeal from a judgment and sentence which adjudicated the appellant guilty of murder in the first degree and sentenced him to life imprisonment. The appeal is primarily grounded upon the court’s reading to the jury its order finding the appellant sane and able to stand trial. While there were other assigned errors, we find that it is unnecessary to consider them on this appeal since it was prejudicial error to read the aforementioned order to the jury.

On July 5, 1960, the indictment was returned and filed in the lower court charging the appellant with the crime of…