Texas Code of Criminal Procedure 46C.152 – Determination of Sanity Issue by Judge
Current as of: 2024 | Check for updates
|
Other versions
(a) If a jury trial is waived and if the issue is supported by competent evidence, the judge as trier of fact shall determine the issue of the defendant‘s sanity.
(b) The parties may, with the consent of the judge, agree to have the judge determine the issue of the defendant’s sanity on the basis of introduced or stipulated competent evidence, or both.
Terms Used In Texas Code of Criminal Procedure 46C.152
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) If the judge determines the issue of the defendant’s sanity, the judge shall enter a finding of guilty, not guilty, or not guilty by reason of insanity.