Boyd

Appellant was convicted, following a jury trial, of a violation of Health and Safety Code section 11500 (possession of narcotics other than marijuana). The appeal is from the judgment.

On July 16, 1969, appellant pleaded not guilty to the offense charged. A jury was impaneled on September 15. Testimony commenced on September 16. On September 17, the trial was ordered continued for one week as appellant was suffering from heroin withdrawal symptoms. Upon resumption of the trial on September 24, defense counsel moved to enter an additional plea of “not guilty by reason of insanity,” under Penal Code section 1026, and requested an examination, pursuant to Penal Code section 1368, to determine the present sanity of the defendant. Based upon his courtroom observations, the trial judge denied the section 1368 motion, and ordered that the “section 1026 motion” be taken under submission until the conclusion of the trial. There have been no further proceedings pursuant to Penal Code section 1026.

Appellant contends he was denied a fair and impartial trial by a jury of his peers. The prosecutor peremptorily excused four prospective jurors, two of whom were black. Appellant, a…