Court of Criminal Appeals of Texas
Jewel David Townsend, Appellant v. the State of Texas, Appellee
April 24, 19681968 Tex. Crim. App. LEXIS 881
Summary
The Court held that a trial judge erred by refusing a timely demand for a preliminary hearing on the defendant's competency to stand trial when the prosecutor did not consent; the judge must provide such a hearing after jury selection even without consent, and the failure to pursue the issue at trial does not constitute a waiver. The judgment was reversed and remanded.