McLendon v. Balkcom

Atkinson, Presiding Justice.

(After stating the foregoing facts.) 1. It was alleged that the prisoner was insane at the time the habeas corpus proceedings were instituted and therefore could not be legally executed. Code § 27-2601 provides: “No person who has been convicted of a capital offense shall be entitled to any inquisition or trial to determine his sanity.” Also Code § 27-2602 provides: “Upon satisfactory' evidence being offered to the Governor that the person convicted of a capital offense has become insane subsequent to his conviction, the Governor may, within his discretion, have…