Hawie v. State
Mississippi Supreme Court
Appeal from circuit court of Newton county. Hon. A. J. McLaubin, Judge. George Hawie was convicted of murder,' and he appeals. As a general rule, but with a few exceptions, tbe fact that the appellant was adjudicated insane as of date January, 1919, is a conclusive presumption of his insanity since that date; but it is a rule without any exception that such a finding is a rebuttable presumption. The state made not effort to rebut this presumption.
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Appeal from circuit court of Newton county. Hon. A. J. McLaubin, Judge. George Hawie was convicted of murder,' and he appeals. As a general rule, but with a few exceptions, tbe fact that the appellant was adjudicated insane as of date January, 1919, is a conclusive presumption of his insanity since that date; but it is a rule without any exception that such a finding is a rebuttable presumption. The state made not effort to rebut this presumption. “If the previous inquiry found incompetency of the very kind and in respect to the very same capacities now again in controversy, the prior…
1Opinion of the Court
Smith, O. J.,
delivered the opinion of the court.
The appellant was convicted of murder in the circuit court of Eanldn county, and thereafter his counsel applied for and were refused a writ of error coram nobis. The petition for the writ set forth that the appellant was insane at the time of" his trial, which fact was unknown to his counsel, and consequently was not made known by them to 1 he court, and prayed that the appellant’s sanity vel non at the time of his trial be inquired into, and, in event he should be found to have been then insane, that the verdict and judgment therein rendered…
2Cases cited2 opinions
- Hawie v. StateMississippi Supreme Court · 1919
- People v. FarrellCalifornia Supreme Court · 1867
3Cited by19 opinions
- Mitchell v. StateMississippi Supreme Court · 1937
- Keeton v. StateMississippi Supreme Court · 1936
- May v. StateMississippi Supreme Court · 1981
- Shipp v. StateMississippi Supreme Court · 1952
- State v. HenkeWashington Supreme Court · 1938
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