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Hardin v. State

Billy Hardin v. State

Hardin v. State, 248 S.W.2d 487 (Tex. Crim. App. 1952)
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Court
Court of Criminal Appeals of Texas · State Highest Courts
Decided
May 7, 1952
Docket
No. 25817
Judges
Morrison, Hon, Williford
Citations
248 S.W.2d 487157 Tex. Crim. 2831952 Tex. Crim. App. LEXIS 1776

Opinion — Morrison

MORRISON, Judge.

The appellant in this case was indicted for robbery by assault.

The defense of insanity was interposed. At the conclusion of the trial, the jury returned the following verdict:

“We, the jury, find the defendant to have been sane at the time the act is alleged to have been committed but insane at the time of this trial.”

The judgment of the court recited the above verdict and ordered “that all further proceedings herein against him be and are suspended until he becomes sane,” remanded the accused to the custody of the sheriff and certified the proceedings to the county judge for his information and action in accordance with Article 932a, C. C. P.

The state contends that this court is without jurisdiction to entertain this appeal.

*284 The accused has not here been found guilty of anything, and no punishment has been assessed; therefore, this is not a “criminal case” within the meaning of Article 5, Section 5 of the Constitution, which defines the jurisdiction of this court. Griffin v. State, 115 Tex. Cr. R. 306 , 29 S. W. (2d) 349 .

The appeal is dismissed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 12 cases

View all citing references →
1954: 11959: 11977: 21979: 22002: 22004: 22005: 219542026peak 1977 · 2

Relies on it most ⓘ

  1. Kutzner v. State75 S.W.3d 427 (Tex. Crim. App. 2002)
  2. White v. State591 S.W.2d 851 (Tex. Crim. App. 1979)
  3. Basaldua v. State558 S.W.2d 2 (Tex. Crim. App. 1977)
  4. Jackson v. State548 S.W.2d 685 (Tex. Crim. App. 1977)
  5. Houlihan v. State579 S.W.2d 213 (Tex. Crim. App. 1979)
  6. Pena v. State320 S.W.2d 355 (Tex. Crim. App. 1959)

Most recent

  1. Untitled Texas Attorney General OpinionNo. GA-0316 (Tex. Att'y Gen. July 2, 2005)
  2. Opinion No.(Tex. Att'y Gen. Apr. 13, 2005)
  3. Ricky D. Starks v. StateNo. 12-04-00345-CR (Tex. App.—Tyler Nov. 24, 2004)
  4. Lown, Lanny Blake v. StateNo. 14-03-00611-CR (Tex. App.—Houston [14th Dist.] Nov. 16, 2004)
  5. Ortega, Ernest v. State82 S.W.3d 748 (Tex. App.—Houston [1st Dist.] 2002)
  6. Kutzner v. State75 S.W.3d 427 (Tex. Crim. App. 2002)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Griffin v. State, 29 S.W.2d 349 (Tex. Crim. App. 1930) 11
Griffin v. State, 29 S.W.2d 790 (Tex. Crim. App. 1930) 2

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