Carr v. State

Lumpkin, Justice.

1. It is the right of counsel conducting the defense of one charged with crime, to file a special plea alleging that the accused is insane at the time of the trial; and when such a plea is filed, it becomes the duty of the court to cause the issue thus made to be first tried by a special jury; and if the plea is found tobe true, an order should be passed committing the accused to the lunatic asylum. In a trial of this kind, the merits of the accusation against the accused are not involved or passed upon. When, however, no such plea is filed, and the accused goes to trial upon…