De Silvia v. State

MORROW, Judge.

— In March, 1922, the appellant was convicted of the offense of murder committed earlier in that year and the death penalty assessed against him. The issue of insanity was not raised at the trial, but subsequently, in July, 1923, because of the affidavit filed by his mother in the District Court in which he had been tried for murder, the jury was called upon, in accordance with the statute, to determine whether -or not the. appellant was insane. See C. C. P., Title 12, Chap. 1. After the motion to change the venue was overruled, the issue was tried, and in November, 1923, the…