People v. Walton

YORK, J.

On January 24, 1928, an indictment was filed against appellant and two codefendants charging them with the crime of robbery on one count and with the crime of grand theft on another count. In January, 1930, appellant was arraigned, at which time he entered his plea of not guilty and not guilty by reason of insanity, and his trial was set for January 30, 1930. The court at that time appointed two doctors to examine appellant, both of whom reported that appellant had been confined in an asylum for the insane in Texas. Thereafter, to wit, on April 1, 1930, defendant went to trial and the jury returned a verdict of guilty on the robbery count and not guilty on the grand theft count of the indictment. His trial on the plea of not guilty by reason of insanity was set for April 4, 1930, at which time appellant in open court and represented by counsel withdrew his plea of not guilty by reason of insanity and waived time for sentence.

April 3, 1935, a petition for a writ of error

coram nobis,

on behalf of appellant was presented to the superior court and the same denied. On August 22, 1935, appellant again filed

[415]

a petition for writ of error

coram nobis

in the superior court, which said petition was denied. He prosecutes this appeal from the order of said superior court denying his application for such writ.

The sole point urged on this appeal by appellant is that the judgment of conviction of the crime of robbery entered against him by the superior court on April 4, 1930, was predicated upon an error of fact, which if known to the court would have prevented the rendition of said judgment, in that petitioner was insane at the time said proceedings were had against him and he was incapable of comprehending the same and unable to protect his interests.

As already stated, at the time of appellant’s arraignment, he pleaded not guilty by reason of insanity, and the court at that time appointed physicians, both of whom reported upon appellant’s commitment to a hospital for the insane in Texas, and the court considered said reports at the hearing of the case at the time of the original trial, at which time appellant withdrew his plea of not guilty by reason of insanity.