Baker v. State

The majority overrules the State’s Motion for Rehearing without written opinion. I dissent.

Appellant was convicted of attempted murder and his punishment was assessed by the court at 10 years’ imprisonment. On appeal the appellant claimed he established the affirmative defense of insanity, V.T.C.A., Penal Code, § 8.01, as a matter of law. The Court of Appeals treated his claim to be that the jury verdict finding him guilty of attempted murder and rejecting his affirmative defense of insanity was against the great weight and preponderance of evidence. That court held that the jury’s implied…