State v. Genereux

This is an indictment for murder. On defendant’s motion and over the state’s objection it was assigned for trial to March 12, 1962.

At the hearing on this motion the state contended that the defendant was mentally incompetent to stand trial but presented no evidence thereof. However, the trial justice decided that in the absence of evidence in support of such contention he was bound to presume that the defendant was sane and granted his motion. But in doing so he stated: “Now, if the State has any other testimony that it wishes to introduce between now and the date in March, I would assume…