State v. Augustine

HAMITER, Justice.

In 1960 Wilbert Augustine, the defendant herein, was convicted of aggravated rape and sentenced to death in the electric chair. His conviction and sentence were affirmed by this court. State v. Augustine, 241 La. 761, 131 So.2d 56 (1961). And certiorari was denied by the United States Supreme Court. 368 U.S. 922, 82 S.Ct. 246, 7 L.Ed.2d 137 (1961).

Prior to the execution of the sentence the defense attorney filed an application to determine the accused’s mental condition, contending that he had become insane and could not be executed while in such state. Following a hearing,…