Mitten v. State

An issue in the trial of this capital murder case was whether the State could introduce, to rebut the affirmative defense of insanity, a statement the defendant made at a state hospital during an examination for incompetence. We hold that the admission of the evidence violated a statute that was then in effect.

The appellant made four trips to hospitals: two before his arrest and two after. On a Saturday night, accompanied by his mother and her companion, he went to an emergency room in Victoria. He complained of general malaise, feeling tired and weak. He was discharged with instructions to…