Ramirez v. State

LATTIMORE, Judge.

— Appellant was convicted in the District Court of El Paso County of murder, and his punishment fixed at confinement in the penitentiary for life.

When the case was called for trial an affidavit, in manner and form sufficient for the purpose intended, was presented to the trial court by counsel appointed to represent appellant, in which affidavit the present insanity of appellant was stated, and a request was made that he be first and separately tried upon that issue, which request was refused by the trial court. Article 39 of our Penal Code is as follows:

“No act done in a…