Hearon v. Wingo

CLAY, Commissioner.

This is a habeas corpus proceeding brought by appellant, who was convicted of assault with a deadly weapon, against the warden of the Kentucky State Penitentiary. His petition in the Lyon Circuit Court was dismissed. We have before us a most inadequate record, but it raises a question which we believe merits a brief opinion.

Appellant’s sole claim is that he was insane at the time of his trial. Appellant relies on Thomas v. Morrow, Ky., 361 S.W.2d 105, wherein we expressed the view that if a person is incompetent “at the time of arraignment and sentence”, the judgment…