Hardin v. State, 248 S.W.2d 487 (Tex. Crim. App. 1952). · Go Syfert
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Hardin v. State, 248 S.W.2d 487 (Tex. Crim. App. 1952). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, last quoted 2005 · …the accused has not . . . been found guilty of anything, and no punishment has been assessed; therefore, this is not a criminal case . . . . at p. 487 ✓
23 citation events (10 in the last 25 years) across 3 distinct courts.
Strongest positive: Untitled Texas Attorney General Opinion (texag, 2005-07-02)
Treatment trajectory · 1954 → 2026 · click a year to view as-of
1954 1990 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Untitled Texas Attorney General Opinion
Tex. Att'y Gen. · 2005 · signal: see · quote attribution · 1 verbatim quote · confidence high
the accused has not . . . been found guilty of anything, and no punishment has been assessed; therefore, this is not a criminal case . . . .
discussed Cited as authority (quoted) Opinion No.
Tex. Att'y Gen. · 2005 · signal: see · quote attribution · 1 verbatim quote · confidence high
the accused has not . . . been found guilty of anything, and no punishment has been assessed; therefore, this is not a criminal case . . . .
cited Cited as authority (rule) Lown, Lanny Blake v. State
Tex. App. · 2004 · confidence medium
Likewise, in Hardin v. State , 248 S.W.2d 487, 487 (Tex. Crim.
discussed Cited as authority (rule) Ortega, Ernest v. State
Tex. App. · 2002 · confidence medium
See Morales v. State, 830 S.W.2d 139, 140 (Tex.Crim.App.1992); Hardin v. State, 157 Tex.Crim. 283 , 248 S.W.2d 487, 487 (1952); Lowe, 999 S.W.2d at 537-38 . *750 The Texas Legislature has chosen not to authorize an interlocutory direct appeal from a jury’s determination that a criminal defendant is competent to stand trial.
examined Cited as authority (rule) Kutzner v. State (3×) also: Cited "see"
Tex. Crim. App. · 2002 · confidence medium
And, in Hardin v. State , this Court decided that a defendant's appeal from a jury's findings in a criminal case that the defendant was sane at the time of the offense but insane at the time of trial was *431 not a "criminal case" because the accused had not been "found guilty of anything, and no punishment ha[d] been assessed." See Hardin v. State, 157 Tex.Crim. 283 , 248 S.W.2d 487, 487 (1952). [6] Hardin, however, relied on Griffin v. State which decided that a defendant's appeal from a pretrial order finding him competent to stand trial was not a "criminal case" because it did not amount t…
Retrieving the full opinion text from the archive…
Billy Hardin
v.
State
25817.
Court of Criminal Appeals of Texas.
May 7, 1952.
248 S.W.2d 487
1952 Tex. Crim. App. LEXIS 1776
No attorney for appellant of record on appeal., George P. Blackbm*n, State’s Attorney, Austin, for the sthte.
Morrison, Hon, Williford.
Cited by 14 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 83%
Citer courts: Texas Attorney General Reports (2)
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.