Texas Attorney General Opinion: V-712 Page: 2 of 4
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Hon. R. A. Smoot Scmhid - Page 2 (V-712)
"Information to the Judge of the Court
as provided in Article 921 of the Code of
Criminal Procedure of the State of Texas as
to the insanity of a defendant, shall con-
sist of the affidavit of the Superintendent
of some State Institution for the treatment
of the insane, or the affidavit of not less
than two licensed and regularly practicing
physicians of the State of Texas, or the
affidavit of the prison physician or warden
of the Penal Institution wherein the defend-
ant is in prison, or the County Health Offi-
cer of the County where the defendant was
finally convicted, which affidavits, if made,
shall state that after a personal examination
of the defendant, it is the opinion of the af-
fiant that the defendant is insane, and said
affidavits shall, in addition thereto, set
forth the reasons and the cause or causes
which have justified the opinion."
The Texas Court of Criminal Appeals has con-
strued Article 921 many times and has repeatedly held
that it contemplates that the issue of insanity aris-
ing after conviction should be tried and determined by
the court in which the conviction occurred and that
such court has exclusive jurisdiction to try the issue.
Bland v. State, 132 S. W. 2d 274; McKibben v. State, 148
S. W. 2d 423, and authorities there cited. We quote
from the Bland Case.
"We call attention to the following sit-
uation regarding the insanity question. The
judgment of conviction was rendered in the
District Court of Lubbock County, Texas, on
March 23, 1939, and sentence pronounced on
the same day, at which time appellant gave
notice of appeal to this court. The tran-
script was filed in this court on April 21,
and the statement of facts was filed in this
court on June 2d. The record here does not
show that appellant was released on bail pend-
ing his appeal. Attached to appellant's mo-
tion to retire this cause from the docket is
a judgment of the County Court of Haskell
County declaring appellant to be insane; said
judgment bearing date of May 15, 1939.
"Article 921, CCP . . . provides as fol-
lows: 'If at any time after conviction and
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-712, text, November 8, 1948; (texashistory.unt.edu/ark:/67531/metapth265531/m1/2/: accessed October 17, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.