Legal Opinion

Gonzales v. United States

Court of Appeals for the D.C. Circuit

Decided May 26, 1913No. 2514PublishedCited by 4 opinions

Hearing on an appeal by the defendant from an order of tbe Supreme Court of the District of Columbia, dismissing his petition for an inquisition into his sanity. The Court in the opinion stated the facts as follows: Andrew Gonzales, appellant, was charged in an indictment with the murder of his wife on July 21, 1911, and brought to trial in July, 1912. His defense was insanity at the time of the commission of the crime.

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Hearing on an appeal by the defendant from an order of tbe Supreme Court of the District of Columbia, dismissing his petition for an inquisition into his sanity. The Court in the opinion stated the facts as follows: Andrew Gonzales, appellant, was charged in an indictment with the murder of his wife on July 21, 1911, and brought to trial in July, 1912. His defense was insanity at the time of the commission of the crime. On July 12 the jury returned a verdict finding the defendant guilty of murder in the first degree, and he was sentenced to be hanged on September 13, 1912. The date of…

1Opinion of the CourtChief Justice Shepard

In the courts of the common law, if a suggestion of insanity was made after conviction and before sentence, it was the *456practice of the trial judge to take such action upon the suggestion as, in his discretion, he should deem best. It is an appeal to the humanity of the court to postpone the punishment until a recovery should take place; and he may hear the evidence, or call in a jury to pass upon it. Nobles v. Georgia, 168 U. S. 398-407, 42 L. ed. 515-518, 18 Sup. Ct. Rep. 87.

The procedure in such cases in this District is prescribed by the Code (sec. 927 [31 Stat. at L. 1340, chap. 854]),…

2Cases cited1 opinion

  1. Nobles v. GeorgiaSupreme Court of the United States · 1897

3Cited by4 opinions

  1. Hart v. United StatesCourt of Appeals for the D.C. Circuit · 1942
  2. Neely v. United StatesDistrict Court, District of Columbia · 1945
  3. Jordan v. United StatesCourt of Appeals for the D.C. Circuit · 1953
  4. United States v. NeelyDistrict Court, District of Columbia · 1945

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