Smith v. State

Court of Criminal Appeals of Texas
Smith v. State, 336 S.W.2d 169 (Tex. Crim. App. 1960)
1960 Tex. Crim. App. LEXIS 3107
Morrison

Smith v. State

Opinion of the Court

MORRISON, Presiding Judge.

The offense is sodomy; the punishment, 15 years.

After trial, sentence and notice of appeal in the District Court, appellant was adjudged to be insane, arid was committed to a state hospital.

Appellant’s counsel has exercised his option not to prosecute his appeal from this conviction under the terms of Article 932b, section 5, Vernon’s Ann.C.C.P., but instead has moved to retire this case from the docket until appellant becomes sane.

The motion to suspend further proceedings in this Court is granted, and the Clerk of this Court is directed to retire this case from the docket until it shall be properly shown to this Court that appellant has been restored to sanity. Garcia v. State, Tex. Cr.App., 283 S.W.2d 60, and cases there cited.

Reference

Full Case Name
Joseph Robert SMITH v. STATE of Texas
Cited By
2 cases
Status
Published