Casemaker Note: Portions of this opinion were specifically rejected by a later court in 561 P.2d 1256
Rehearing Denied July 28, 1941
Error to District Court, City and County of Denver; George F. Dunklee, Judge.
Thomas W. Boyd was charged by information with assault to murder, and on being arraigned stood mute, and the court entered a plea of not guilty by reason of insanity at the time of the commission of the crime and since. The jury returned a verdict finding that accused was insane on the date on which the crime was alleged to have been committed, and, to review a judgment committing the accused to the Colorado State Hospital for the Insane, accused brings error.
Reversed and remanded, with directions.
On Petition for Rehearing.
[108 Colo. 290] William A. Black, of Denver, for plaintiff in error.
Gail L. Ireland, Atty. Gen., H. Lawrence Hinkley, Deputy Atty. Gen., and James S. Henderson, Asst. Atty. Gen., for defendant in error.
David Brofman, of Denver, amicus curiae.
OTTO BOCK, Justice.
[108 Colo. 291] Plaintiff in error, Thomas W. Boyd, to whom we hereinafter refer as defendant, was charged with the crime of assault to murder in an information filed in the district court of the City and County of Denver. When he appeared for arraignment November 4, 1940, the record discloses the following colloquy between the deputy district attorney and the court:
'Mr. Carraher: In this case, if your honor please, Mr. Sarchet, of Ft. Collins, has asked his appearance be entered on behalf of defendant, and that the plea of not guilty by reason of insanity at the time and since be entered, and that this man be sent to the psychopathic hospital.
'The Court: Is that what you want to to do (addressing remarks to defendant)?
'Mr. Carraher: He is totally deaf.
'The Court: The court enters the orders as requested. What is he charged with?
'Mr. Carraher: Assault to murder.
'The Court: All right, so ordered. How are you going to tell him about it if he cannot hear what we are doing?
'Mr. Carraher: I suppose we will have to show it to him and let him read it. Counsel advises he stand mute in that case.
'The Court: So ordered.'
The cause was set for trial December 10, 1940, at which time defendant transmitted the ...