Cavender v. State

OPINION

MORRISON, Judge.

The offense is murder; the punishment, life.

We are met at the outset with the question of whether it is permissible to submit to the jury, which has been impaneled to try the guilt of an accused, the question of his competency to stand trial when the question of competency is raised after the trial is in progress.

Three days and some 13 witnesses into the trial on the merits, the question of appellant’s competency to stand trial was raised. The court conducted a hearing and concluded that the issue of appellant’s competency existed. However, the court refused to impanel…