Alford v. State

1. The defendant on trial charged with the offense of murder filed a special plea alleging that “he was insane at the time the homicide was committed,” and prayed that he be discharged from the custody of the superior court where he was being tried, and that “he be tried before the ordinary of the county and lunacy commission according to the laws of the land.” The plea contained no allegation *459of insanity at the time of the trial. Sections of the Civil Code (1910) 3092, 3101, and 5215 [?] and section 1047 of the Penal Code of 1895 (as to the last of which sections see Acts 1903, p. 77) were…