Nugent v. State

The conviction is for rape, the punishment assessed by the jury being twenty years confinement in the penitentiary.

While the appeal was pending, it was shown that appellant had been declared insane, and we ordered that further proceedings be suspended. See Nugent v. State, Tex.Cr.App.,230 S.W.2d 223.

The State has filed a motion to reinstate the appeal, and it is shown in connection therewith that appellant has been tried in the court where the conviction was had, and in which he was adjudged insane, upon affidavit alleging that his sanity has been restored. It is further shown that upon a…