Darby v. State
Darby v. State
Opinion of the Court
OPINION
Appellant was convicted by a jury for aggravated robbery. The jury found that appellant had been twice previously convicted of felonies and the coürt assessed appellant’s punishment at life pursuant to V.T.C.A., Penal Code, Section 12.42(d).
The only contention raised in this appeal is that the trial court erred in failing to quash the jury panel. In his argument under this ground of error appellant complains that during the course of the State’s voir dire examination of the jury panel, the prosecuting attorney fully and elaborately discussed the law of insanity as a defense to a criminal act. Appellant contends that, because he had not filed a notice of his intention to offer evidence as to insanity as ; a defense,
The transcription of the court reporter’s notes consists only of excerpts from the void dire examination of the jury panel. The motion to quash the panel was overruled.
Even if there is no notice of an intention to rely on insanity as a defense
No error is shown; the judgment is affirmed.
. Article 46.03, Section 2, V.A.C.C.P., provides:
“Sec. 2. (a) A defendant planning to offer evidence of the insanity defense shall file a notice to his intention to offer such evidence with the court and the prosecuting attorney:
(1) at least 10 days prior to the date the case is set for trial; or
(2) if the court sets a pretrial hearing before the 10-day period, the defendant shall give notice at the hearing; or
(3)if the defendant raises the issue of his incompetency to stand trial before the 10-day period, he shall at the same time file notice of his intention to offer evidence of the insanity defense.
(b) Unless notice is timely filed pursuant to Subsection (a) of this section, evidence on the insanity defense is not admissible unless the court finds that good cause exists for failure to . give notice.”
. The pro se motion to abate so that a complete statement of facts can be prepared is denied.
Reference
- Full Case Name
- Arnold Richard DARBY v. The STATE of Texas
- Status
- Published