- #State vs. dmso jaikoz wilson pro
- #State vs. dmso jaikoz wilson code
- #State vs. dmso jaikoz wilson trial
In the first instance, during the cross-examination of the appellant's grandmother, who was trying to testify that he was insane, counsel for the State elicited from her that she had talked to her grandson on Sunday and she admitted that he told her that he had done wrong and he was sorry for it. He mentions questions which may be found at pp. The appellant further said that the attorney for the State repeatedly referred to the fact that he had been indicted for the crime of rape. *864 The appellant's complaint therein as to the competency of certain jurors is not sustained by the voir dire examination as shown in the record.
#State vs. dmso jaikoz wilson trial
Obviously, the trial judge, by his refusal to sign the bill of exceptions, adjudicated that this did not happen. He does not state where such remarks could be found in the record. In another point, the appellant argues that the trial judge, before the selection of the jury had begun, remarked that defendant was charged with rape and armed robbery. If it in fact stated the truth of the matter, a way was open to the appellant to make it available, even though the judge did not sign it. Obviously the appellant is bound by the bill of exceptions as signed by the judge. The trial judge refused to sign the proposed bill of exceptions, saying "I do not recall things happening the way counsel for defendant alleges." In other words, the truth of the case was not fairly stated therein.
#State vs. dmso jaikoz wilson code
1531-1535, inclusive, Code of 1942, Rec., deal with the question of bills of exception. On his appeal here, the appellant has assigned and argues four propositions: The trial court erred (1) in overruling his bill of exceptions to rulings allegedly made during the sanity trial (2) in overruling his motion to quash the indictment (3) in overruling his motion for a new trial based on the ground that the verdict of the jury was against the overwhelming weight of the evidence and (4) in admitting evidence concerning a charge of armed robbery. The court also overruled the defendant's motion to quash the indictment on the ground that Negroes were systematically excluded from jury service in Harrison County. The trial judge did not sign the same but, on the bottom of the motion, he wrote these words: "The Court Reporter's record shall be made a part of this Bill of Exceptions and when this is done the same shall then constitute the bill of exceptions as signed by me this 5th day of July, 1961, as I *863 do not recall things happening the way counsel for defendant alleges." (Emphasis supplied.) On July 5, 1961, counsel for defendant presented a bill of exceptions to certain rulings of the court allegedly made during the sanity trial.
#State vs. dmso jaikoz wilson pro
A jury was empaneled, and, after hearing the evidence pro and con, returned the following verdict: "We, the jury, find the defendant sane and mentally capable of conducting a rational defense." Without detailing the evidence, it is sufficient to say that it fully warranted the jury in returning such verdict.ĭefendant's motion for a special venire was sustained, and, at the same time, namely, June 28, 1961, the venire was drawn returnable on July 5th thereafter. Sheffield, a psychiatrist, was appointed to make the examination. 2575.5, Code 1942, Rec., that the defendant be examined by a competent psychiatrist, to be selected by the court, in order to determine the defendant's ability to make a defense. In like manner, by a separate motion, he asked, in accordance with Sec. Prior to the arraignment, defendant's counsel suggested in writing that his client was then insane and was not capable of making a rational defense, and that this issue should first be settled by a jury. The jury found him guilty as charged, and he was sentenced by the court to suffer the death penalty. Willie Wilson was indicted for the forcible and felonious rape of a female.
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