State v. Cox

WADE, Justice.

The defendant, Austin Cox, was convicted of murdering Judge Lewis V. Trueman, on July 23, 1948, by a jury which returned a verdict of murder in the first degree without recommendation. He was sentenced to be shot and from that judgment appeals to this court.

Before trial, defendant’s counsel filed a complaint under section 105-49-2, U. C. A. 1943, charging that the defendant was then insane and therefore unable to proceed to trial. Thereupon the court appointed two alienists to examine the defendant as to his sanity and on their opinion found that the defendant was then sane. The…