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BUSH V. TEXAS, 372 U. S. 586 (1963)

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U.S. Supreme Court

Bush v. Texas, 372 U.S. 586 (1963)

Bush v. Texas

No. 511

Argued February 26, 1963

Decided March 25, 1963

372 U.S. 586


At his trial in a Texas State Court for the crime of felon theft, petitioner pleaded not guilty by reason of insanity, but he was convicted and sentenced to imprisonment. The Texas Court of Criminal Appeals affirmed. Subsequently, while petitioner's claim that his conviction violated the Due Process Clause of the Fourteenth Amendment was pending in this Court, he was sent to a mental hospital, where it was found that he suffers simple schizophrenia and had been only partly, or not at all, responsible for his acts for many years. The State brought this information to the attention of this Court; and the Assistant State Attorney General stated on oral argument that, if the judgment affirming petitioner's conviction were vacated, he would favor granting petitioner a new trial.

Held: The judgment affirming petitioner's conviction is vacated, and the case is remanded for consideration in the light of subsequent developments. Pp. 372 U. S. 586-590.

Reported below: 172 Tex.Cr.R. 54, 353 S.W.2d 855.

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