Holcomb v. State
Texas Supreme Court
Appeal from Cameron. Tried below before the Hon. W. H. Russell. Jesse Holcomb was indicted for theft from a house. The plea of insanity was interposed in his behalf. On the trial, non-professional witnesses, after giving facts that came within their observation, were asked their opinion as to the unsoundness of mind of the defendant. The verdict was guilty, and judgment rendered. Motion for new trial was overruled, and defendant appealed.
1Opinion of the Court
Gould, Associate Justice.
The appellant was indicted and convicted of theft from a house, the main defense being his insanity or want of mental capacity.
The court refused to permit witnesses who testified to conduct of defendant, tending to show his mental deficiency, and who, from the length of time they had known defendant, would appear to have had good opportunities of forming an opinion, to give their conclusions or opinions as to his mental soundness.
In this we think there was error.
The law is believed to be well settled that non-professional witnesses should be allowed to state their…
2Cases cited1 opinion
- Powell v. StateSupreme Court of Alabama · 1854
3Cited by12 opinions
- Connecticut Mutual Life Insurance v. LathropSupreme Court of the United States · 1884
- Fuller v. StateCourt of Criminal Appeals of Texas · 1968
- Haney v. ClarkTexas Supreme Court · 1885
- Scalf v. Collin CountyTexas Supreme Court · 1891
- Williams v. StateCourt of Criminal Appeals of Texas · 1897
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