Ex parte Morgan

OPINION

WOODLEY, Judge.

Charged by indictment with the offense of rape, in Cause No. A-9211 in the District Court of Collin County, petitioner’s request for a jury trial on the issue of insanity was granted and the jury found (1) that he was sane on March 3, 1961, the time the offense was alleged to have been committed, and (2) was insane at the time of the trial (June 13, 1961).

Upon motion of the County Attorney, the trial judge on the same day entered judgment disregarding the jury’s finding that the defendant was insane and adjudged him sane, and on June 14, 1961, petitioner was tried on his…