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THE BATTALION Page 9A
THURSDAY, OCTOBER 4, 1979
Tougher standards set
for use in sanity cases
United Press International
AUSTIN — The Texas Supreme
Court set a new standard Wednes
day by which juries must measure
the evidence in sanity hearings be
fore a person can be committed to a
mental institution for an indefinite
period.
The court responded to a U.S.
Supreme Court guideline in a Gal
veston case that had made its way
through the Texas court system, and
said a person cannot be committed
indefinitely to an institution unless
the jury finds by “clear and convinc
ing evidence” that the person is
mentally ill.
The “clear and convincing evi
dence” standard is considered more
stringent than the “preponderance
of evidence” rule ordinarily used in
civil cases and the “beyond a rea
sonable doubt” rule applied in crim
inal trials.
The decision came on an appeal
by Frank O’Neal Addington of Gal
veston, who challenged a probate
court decision committing him in
definitely to the Austin State Hospi
tal.
A Civil Appeals Court reversed
that judgment, however, contend
ing proof of mental illness for an in
definite commitment should con
vince jurors “beyond a reasonable
doubt.”
The Texas Supreme Court, the
first time it heard Addington’s ap
peal, had upheld his commitment
and ruled the “preponderance of the
evidence” rule was the proper
yardstick in mental illness cases.
Just a little bit harder, fish...
Junior Isaac Vergara shouts encouragement as freshman
Joseph Yow of Company E-l strains at the rope in the tug-of-
war competition at the Corps’ Fish Intramural Day. E-l out-
pulled B Company Band to win
in Saturday’s activities.
y still is ii
ic overdm
Lawyer’s remarks send
will case back for new trial
United Press International
AUSTIN — A dispute over an
3-year-old East Texas woman’s re-
isions in her will less than three
veeks before her death was sent
lack to a district court for a new trial
Wednesday because an attorney’s
emarks that relatives of the woman
vho helped her revise the will were
ike circling vultures amounted to
mproper jury arguments.
In a 1956 will, Mamie Chambless
iad provided that her estate would
)e divided among her four sisters or
heir heirs.
But she revised the will Nov. 19,
1976, to leave the estate to her two
living sisters, and deleted any be
quests to children of two sisters who
died after the 1956 will was written.
Chambless died Dec. 5, 1976,
less than thrde weeks after she
signed the revised will at the Wood-
ville nursing home where she was a
patient. Her doctor said she was
senile at the time of the will revi
sion, and had “good days and bad
days. ”
E.O. Fortenberry ajad seven
other nephews and nieces — a ll
children of the two dead sisters —
filed suit challenging the will’s revi
sion and contending Chambless was
not mentally competent when the
changes were made.
A trial court agreed with their ar
guments the woman was not men
tally competent to revise the will
shortly before her death, and ruled
the 1956 will was valid.
During that trial, the attorney for
the nephews and nieces challenging
the will changes told the jury, “The
vultures were circling in the air and
they swooped down on her.”
The Beaumont Court of Civil Ap
peals overturned the trial court’s
decision because of the jury argu
ments.
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