Wiley

The defendant was convicted of the crime of murder of the first degree and was sentenced to imprisonment for life. He became intoxicated and went on a rampage. He shot and killed three men. His excuse for the killing was that these men had beaten him the night before the fatal shooting until he became insensible and then robbed him of his money. His defense to the charge of murder was that the beating which he received caused temporary insanity and that he therefore failed to appreciate the nature of the act which resulted in the killing.

At the trial the defendant denied his guilt and separately pleaded insanity. The jury found him guilty as charged and imposed the penalty of life imprisonment. The same jury subsequently found that he was sane at the time of the shooting. At the trial" of the issue with respect to his sanity the verdict was signed by a member of the jury, as foreman, other than the one who signed the previous verdict which found him guilty of murder. The jury was polled at both trials and the members were unanimous in the rendition of their verdicts.

The appellant’s attack is directed only to an asserted invalidity of the verdict as to his sanity. It is claimed…