State Ex Rel. Boeldt v. CR. C. MAR. CO., RABB, J.

Relator by this action seeks to compel respondents to grant a change of venue from the judge in a proceeding for discharge under Acts 1927, ch. 102, §2, p. 268, being §9-1705, Burns’ 1946 Replacement.

Relator was indicted for the offense of committing physical injury while attempting to commit a robbery, and on a retrial by a jury was found guilty as charged, but insane at the time of the commission of the acts as charged in the indictment. The court, upon evidence heard, found that defendant-relator was insane at the time of the trial, but was in a period of remission, and “the recurrence of…