Brown v. State

Almand, Justice.

The defendant was indicted for murder. Upon the call of the case, he filed a special plea of insanity. A special jury was impaneled to try the plea, and a verdict was returned finding against the plea. The defendant was then put on trial for murder, and was convicted without a recommendation of mercy. He filed a motion for new trial upon his special plea and upon his conviction of murder. These motions were denied, and he excepts to these judgments.

The assignment of error on the denial of the amended motion for new trial on the special plea of insanity presents but one…