Witty v. State

DAVIDSON, Presiding Judge.

This conviction was for murder in the second degree, appellant being allotted a term of forty years in the penitentiary.

The homicide occurred on the 21st of July. The following September, or about two months after the homicide, appellant was regularly adjudged insane in the County Court and sent to the lunatic asylum. After remaining in the asylum for a considerable length of time he was either discharged or got out in some way, the record being silent in regard to the matter. He was subsequently placed upon his trial for the homicide. When the case was called for…