Futch v. State

OPINION

W. C. DAVIS, Judge.

Futch was convicted of murder with malice. The court assessed punishment at life.

Appellant now contends the court erred in overruling appellant’s motion for a jury hearing upon the issue of his competence to stand trial. We agree.

Futch apparently had a long history of psychosis, and had been declared insane on four separate occasions between March, 1970 and April, 1972, and hospitalized as dangerous to himself and to others.

The murder of Futch’s mother, of which Futch now stands convicted, occurred on August 24, 1972. A murder complaint was sworn on August 24, 1972,…