Ex Parte Boehme

ON MOTIONS FOR REHEARING.

WOODLEY, Judge.

The state has filed motion for rehearing complaining of the *283holding in our original opinion to the effect that the county-court is the proper tribunal for the trial of the issue of restoration of sanity, should the superintendent give notice in writing that appellant has become sane. The state agrees that relator’s prayers for release should be denied.

Appellant answers by motion for rehearing urging that he is entitled to trial on the issue upon the writing signed by the superintendent, in such court as we may determine to be the committing court…