Morris v. State

OPINION

WOODLEY, Presiding Justice.

The offense is assault with intent to murder with malice; the punishment, 25 years.

Trial was before a jury on December 12, 1967. The plea was not guilty.

During the trial and after the state had rested, evidence was offered by the defense which, for the first time, raised the issue of present insanity and insanity at the time the offense was shown to have been committed.

No motion was filed or request made prior to the offer of such testimony that the court hear evidence on the issue of present insanity.

Consistent with the provisions of Art. 46.02 C.C.P., 1965,…