Costello

People v. Costello

Good Law
107 Cal. App. 2d 514·1951 Cal. App. LEXIS 1937·237 P.2d 281
Court of Appeal of CaliforniaNovember 14, 1951Crim. 4681California1,609 words

Opinion

Opinion

Shinn, J.

In a court trial defendant was convicted of two offenses of grand theft. It was alleged and found to be true that defendant had suffered a prior felony conviction of issuing a cheek without sufficient funds. A third count of the information charging issuance of a check without sufficient funds was dismissed on defendant’s motion under section 995, Penal Code.

Trial by jury having been waived, the case of the People was submitted on the testimony and exhibits introduced at the preliminary examination. The court expressed doubt as to the present sanity of the defendant, suspended proceedings and appointed two medical experts to examine defendant and report their findings to the court. Subsequently, after considering the reports and defendant’s medical record, the court found that defendant was presently sane, and trial was resumed. Defendant testified and introduced evidence consisting of numerous exhibits. Defendant made a motion for a new trial and filed an application for probation, both of which were denied. The present appeal is taken from the judgments of conviction.

Although defendant was represented by counsel at the trial, he prosecutes his appeal in propria persona. The…

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