Nugent v. State

BROOKS, Judge.

Appellant was convicted of burglary, his punishment being assessed at nine years confinement in the penitentiary.

Appellant sets up two grounds in his motion for new trial; first, that the court erred in Ms charge on insanity. The charge is as follows:

“Among other defenses made m this ease is that of insanity or idiocy. You are charged that only a person with a sound memory and • discretion can be punishable for a crime, and that no act done in a state of insanity or idiocy can be held punishable as an offense. Every man is presumed to be sane until the contrary appears to the…