Ex parte Eidinoff

MOORE, Justice.

This is an appeal from a proceeding on a writ of habeas corpus. Petitioner was in-dieted for murder. His defense was insanity. The jury found him insane at the time of the commission of the offense as well as at the time of the trial. By a judgment duly entered by the 140th District Court of Lubbock County, Texas, on November 18, 1959, petitioner was committed to the Rusk State Hospital in Cherokee County until he became sane, in accordance with Article 932b, C.C.P., Vernon’s Ann.T ex. Civ. St.1

On July 10, 1964, he filed a petition in the County Court of Cherokee County, for a…