Knott

The defendant was convicted of murder in the first degree, and judgment was rendered against him imposing the penalty of death. He appeals from the judgment, from an order denying his motion for a new trial, and from an order denying his motion for suspension of judgment pending an inquiry as to his insanity.

1. It is not necessary to determine whether or not the ruling of the court upon the motion to suspend the judgment on account of insanity can be inquired into on this appeal; for, if that question could he reviewed here, there is no reason for disturbing the ruling of the court on that subject. It appears that during the trial of the cause no point was made as to the insanity of the appellant, and no evidence introduced upon that subject. But a few days afterward, when the appellant appeared for judgment, a motion to suspend the judgment was made, which motion was based entirely upon a short affidavit of his two attorneys, in which affidavit it was stated that the affiants were “informed and believes, and upon such information and belief alleges, that the said A. L. Knott was not of sound mind”; and that “during two months last past” they had frequently seen and talked with…