State v. Thomas

Defendant is charged with murder, and appeals from a sentence to death.

Bill No. 1.

The commission appointed by the trial judge to inquire into the sanity of the accused reported that he was sane at the present time, and also at the date of the commission of the offense.

Counsel for defense moved to have stricken out that part of the report of the medical examiners pertaining to the sanity of the accused at the time of the commission of the crime, for the reason that under the law it is within the province of the court, without the aid of the jury, to determine only the question as to the…