Bailey v. State

Head, Justice.

John D. Bailey was indicted and convicted, without a recommendation of mercy, for the murder'of Mary S. Bailey. Under his general plea of not guilty, he introduced evidence that he was insane at the time of the homicide. His motion for new trial as amended was overruled, and the exception is to that judgment.

In ground 4 of the motion for new trial as amended, it is contended that the evidence presented the defense that the defendant was insane or mentally incompetent under the law at the time of the homicide charged against him, and that it was prejudicial error, requiring the…