Billy George McCune v. W. J. Estelle, Director Texas Department of Corrections

McCune appeals the dismissal of his habeas corpus petition by the district court. The main thrust of his argument is that he was mentally incompetent to stand trial when he was convicted for rape in 1950. 1 We affirm.

McCune’s mental competency was not raised at trial, and the court therefore made no resolution of that issue. The defense did attempt unsuccessfully to elevate McCune’s status as an adjudicated “feeble minded” to the level of insanity. Thus, the focus at the 1950 trial was the defendant’s sanity, rather than competency.

Of course, it is true “that the conviction of an accused…