Dudley v. State

BEAUCHAMP, Judge.

Appellant was convicted on indictment charging robbery by assault and sentenced to fifteen years in the penitentiary.

The evidence supporting the jury’s verdict could hardly be challenged. The sole question for our consideration is whether or not the court had the power to try him in this case without first having a release from his confinement in the insane asylum under a felony count wherein the jury sustained a plea of insanity, which resulted in an order committing him to the State Hospital in Austin.

The undisputed facts in this case are that he was tried on *335the 14th day…