Madrid v. State

In this possession of heroin case appellant’s noticed defense pursuant to Article 46.03, Section 2, V.A.C.C.P., was insanity. Rejecting it, the jury convicted appellant and at the punishment stage found two prior convictions', with the consequence that he was ordered confined for life.

A legal axiom is that the law presumes every person to be sane until the contrary is shown. Indeed, in earlier times, when a plea of not guilty by reason of insanity was made and issue joined, for the trial court to inform the jury of that presumption was *113not unusual.1 Because of the presumption the common law,…