The People v. Muniz

The defendant, Cecilio Muniz, Sr., was indicted for the murder of his infant son, Cecilio Muniz, Jr. After waiving a jury upon the advice of his retained counsel, defendant was tried by the court, found guilty, and sentenced to the penitentiary for life. On this writ of error defendant seeks remandment, arguing that the court should have impanelled a jury preliminary to trial to determine defendant’s sanity; that the issue of insanity, when raised as a defense, necessitated a jury trial; and that trial error occurred in sustaining objections to a hypothetical question asked of a defense…