Byrd v. State

Appellant was tried and convicted in the circuit court of Forrest county on an indictment charging him with the murder of Clifton McLendon. He was sentenced to serve a life term in the state penitentiary, and prosecutes this appeal.

Appellant was indicted on April 21, 1933, and the next day his counsel filed a petition with the trial court stating that appellant was insane and should not he arraigned upon the indictment hut that the court should impanel a jury to inquire into his mental condition. Attached to the petition as exhibits were ex parte affidavits that appellant was insane at the…