State v. Harville

Defendant was indicted for the murder of Floyd McAlpin. He filed a plea of insanity at the time of the commission of the offense. The lunacy commission, provided by article 268 of the Code of Criminal Procedure, found that he was sane. The plea then came up for trial under chapter 4 of title 20 of the Code of Criminal Procedure (articles 267-278), and resulted in a mistrial, due to the failure of the jury to agree. Thereupon defendant, with the permission of the court, withdrew his plea of insanity, and went to trial upon the plea of not guilty before a different jury. The trial, upon that…