State v. Swiger

McHUGH, Justice:

This case is before this Court upon the appeal of Bobby Gene Swiger, Jr., from the final order of the Circuit Court of Wood County, West Virginia. The appellant was convicted in 1984 in circuit court of sexual assault in the first degree, W.Va. Code, 61-8B-3 [1976], and assault during the commission of or attempt to commit a felony, W.Va. Code, 61-2-10 [1931]. 1 Pursuant to those convictions, the appellant was sentenced to two concurrent penitentiary terms. 2

The appellant contended that he was not guilty “by reason of insanity” of the offenses charged in the indictment. He…