Libertini v. State

ON MOTION FOR REHEARING.

GRAVES, Judge.

Appellant contends that we were in error wherein we upheld the trial court in its charge to the jury relative to the preponderance of the testimony concerning appellant’s defense of traumatic insanity. In the court’s dharge it was provided that such insanity should be proven by a preponderance of the testimony, appellant herein contending that a sufficient quantum of proof would be met if the proof of such only create in the minds of the jury a reasonable doubt. In support of this proposition appellant cites the cases of Haley v. State, 12 S. W. (2d) 225,…