Nicholson

The defendant was charged with the crime of burglary. The information further charged two prior convictions, it being alleged that on or about December 21, 1922, he was, in the Superior Court of Los Angeles County, convicted of the crime of burglary and sentenced to San Quentin and that on October 28, 1924, he was, in the Superior Court of San Diego County, convicted of the crime of burglary and sentenced to Folsom. He was arraigned on June 24, 1935, and pleaded not guilty and not guilty by reason of insanity, but admitted the prior convictions as charged.

On July 16, 1935, a jury found him guilty of burglary in the second degree. After that verdict was returned it was stipulated that the same jury might try the issue of insanity and the court set the hearing on that plea for July 23, 1935, and fixed the time for pronouncing sentence for July 20, 1935. On that day, the court adjudged the defendant an habitual criminal and sentenced him to imprisonment in Folsom for the term prescribed by law. It was then ordered that he he held in the county jail until after the trial on the plea of insanity “to be held on July 23rd, 1935”. On that day, the jury returned a verdict finding him…