Nugent v. State

WOODLEY, Judge.

Appellant was convicted of rape and the jury assessed his punishment at 20 years in the penitentiary.

Subsequent to sentence and notice of appeal, upon a trial in the court in which he was convicted, appellant was adjudged to be insane, and was committed to a state hospital.

As a patient adjudged insane, in accordance with the provisions of the Code of Criminal Procedure, appellant shall not under any circumstances be permitted to temporarily leave the hospital. See Art. 3193(j), Vernon’s R.C.S.

But should appellant become sane, and upon notice of such fact being given to the…