Foster

The defendant was convicted of the crime of mayhem under the provisions of section 203 of the Penal Code, and of a prior conviction of robbery perpetrated in the state of Louisiana in 1928. From the judgment of commitment which was accordingly rendered and from the orders he has appealed.

The information contains two counts. The first one charges the defendant with the crime of mayhem committed by feloniously and maliciously biting off the left ear of Adolph Kindberg. The second count charges the defendant with a prior conviction of the crime of robbery alleged to have been secured October 27, 1928, in the fourth judicial district court of the state of Louisiana. The defendant pleaded not guilty of the crime of mayhem, and also pleaded not guilty of that offense by reason of insanity. He also pleaded not guilty of the alleged- prior conviction of the crime of robbery. He was first tried and convicted by a jury • of the crime of mayhem and also of the prior conviction of the felony alleged to have been committed in Louisiana. He was then tried by the same jury on the issue of his sanity and found to be sane. He was thereupon sentenced to imprisonment in the state prison at Folsom…