Pate v. State

BRICKEN,' P. J.

The judgment contained in this record recites that the defendant, in answer to the indictment, “says he is not guilty.” It not being shown in the judgment entry that a plea of “not guilty by reason of insanity” was interposed, the questions presented and insisted upon, which relate to the alleged insanity of defendant, cannot be considered, as the law requires this character of defense to be specially pleaded. Code 1907, § 7176. It is true that, certain matters contained in, the bill of exceptions might indicate that this special plea was interposed, but the recitals in the…