Pena v. State

WOODLEY, Judge.

The indictment returned January 16, 1958, charged appellant with the murder of Frank Garcia on or about November 6, 1957, by cutting and stabbing him with a knife and by shooting him with a pistol.

Upon motion supported by affidavits that he was not mentally competent to make a rational defense to the charge, a jury was impaneled to pass upon the insanity issues, and on March 8, 1958 the jury, having heard the evidence, found that appellant was sane at that time and was sane on November 6, 1957, the time of the commission of the alleged offense. Judgment was entered on the…