Texas Attorney General Opinion: V-1481 Page: 2 of 4
4 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Hon. Henry Wade, page 2 (V-1481)
event, unless previously acquitted, he
shall be tried for the offense charged."
In Ex parte Frailey, 146 Tex. Crime. 557
177 S.W.2d 72, 7 (1944), the court, in considering
a similar factual situation, stated:
"It is evident from the just above
quoted provisions of the Act of the 45th
Legislature that where insanity is offered
as a defense in a criminal proceeding,
such enactment governs wherein in Section 3
thereof it lays down the procedure relative
to trials in order to establish the fact
that such person has been restored to sanity,
and that such trials, initiated as provided
in Section 3, must be had in the county
where the criminal prosecution was pending
at the time of the presentation of such
insanity plea and the trial thereunder.
"A statute similar to the present 932a,
C.C.P. was found in the Revised Statutes of
1895, Art. 120, which reads as follows: 'Any
patient, except such as are charged with or
convicted of some offense, and have been
adjudged insane in accordance with the pro-
visions of the Code of Criminal Procedure,
may be discharged from the asylum at any
time upon the recommendation of the super-
intendent, approved by the board of managers.
Any patient coming within the above excep-
tion can only be discharged by order of the
court by which he was committed. '(Italics ours)
"This statute was passed February 5,
1858. Again, in the 1911 revision of the
laws we find this above quoted article ap-
pearing as Art. 142 of the Revised Statutes
1911. However, the same seems to have been
omitted in the latest revision of such stat-
utes in 1925. Evidently the Legislature,
finding the need for a statute of like im-
port, in 1937 passed what we now find to
be Art. 932a, C.C.P., Vernon's Criminal
Statutes, and thus restored the law as it
had existed since 1858, with the exception
of the interim between 1925 to 1937, and
again leaving the trial of a restoration
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1481, text, July 17, 1952; (https://texashistory.unt.edu/ark:/67531/metapth266298/m1/2/: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.