Rupert

Defendant John Rupert was charged with one count of murder (Pen. Code, § 187), and one count of assault by means of force likely to produce great bodily injury (Pen. Code, § 245). Defendant pled not guilty and not guilty by reason of insanity. On defendant’s motion Dr. Andre Tweed was appointed to examine him pursuant to section 730 of the Evidence Code. Dr. Miles Gullingsrud and Dr. Jaime Amselem were appointed to examine defendant pursuant to section 1027 of the Penal Code. The jury found defendant guilty of voluntary manslaughter, and guilty of assault by means of force likely to produce great bodily injury. Defendant’s motions for a new trial and for probation were both denied. Defendant was sentenced to state prison for the terms prescribed by law, both sentences to run concurrently. Defendant appeals from the judgment of conviction. We affirm the judgment on the homicide count, but reverse the judgment on the other count.

The facts are basically undisputed.

Defendant and Lynda McNeal had dated for approximately three years before the crimes in question, during which time Lynda lived with her mother in Santa Monica. In September of 1969, defendant was terminated…