Texas Attorney General Opinion: V-1481 Page: 1 of 4
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PRICE DANIEL AUSTIN 11. TEXAIS
July 17, 1952
Hon. Henry Wade Opinion No. V-1481
District Attorney
Records Building Re: Proper court for a sanity
Dallas, Texas trial on one previously
adjudged insane at the time
of- trial for a capital
Dear Sir: criminal offense.
Your request for an opinion of this office
presents for determination the following question:
"Where a person has been charged with
the offense of murder and has interposed
the defense of insanity and the District
Court has found him to be insane at the
time of trial and he has been confined in
the insane asylum, but is now certified by
the Superintendent of the Asylum as sane,
is it the province of the County Court of
Dallas County to bring him to trial to de-
termine his sanity, or is it the duty of
the District Court that first found him to
be insane to try him under Article 932a-3,
C.C.P.r"
Section 3 of Article 932a, V.C.C.P., pro-
vides:
"When the defendant so committed to a
hospital for the insane becomes sane, the
superintendent of the hospital shall give
written notice of that fact to the Judge
of the Court from which the order of commit-
ment issued. Upon receipt of such notice
the Judge shall require the sheriff to bring
the defendant from the hospital and place
him in the proper custody until the hearing
may be had before a jury in such Court to
determine defendant's sanity, and if he be
found sane, he shall be discharged, unless
he had been previously found to be sane at
the time at which he is alleged to have
committed the offense charged, in whichTHEu ATTORNEY ENEAIL
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1481, text, July 17, 1952; (https://texashistory.unt.edu/ark:/67531/metapth266298/m1/1/: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.