Kelly v. State

ALMON, Judge.

This is an appeal from the denial of appellant’s petition for writ of error coram nobis.

Appellant’s sole contention is that he was insane at the time of trial and sentence. After pleading not guilty and not guilty by reason of insanity, a jury found him guilty of assault with intent to murder.

He insists the trial judge should have permitted him to have been examined by a commission on lunacy in accordance with Tit. 15, § 425, Code of Alabama, 1940. This contention is untenable for two reasons: (1) he was not charged with a capital offense, and (2) § 425, supra, is discretionary…