Francis

A jury found Harold Francis guilty of murder in the first degree (Pen. Code, §§ 187 and 189) and of being an accessory to the same murder (Pen. Code, § 32). The jury also found that Francis was insane at the time of the murder offense but sane at the time of the accessory offense. Finding he had not recovered his sanity, the court committed Francis to Atascadero State Hospital for a maximum period of life and a minimum period of 90 days. With respect to the accessory conviction, the court sentenced him to state prison for the upper term of three years but stayed execution of the sentence during the period of commitment to Atascadero and ordered the stay to become permanent upon the expiration of three years. Defendant appeals from the judgment of commitment only as to the verdict of guilty of murder and from the judgment and sentence with respect to the accessory conviction.

Three issues have been raised on this appeal: (1) the appropriate form of appellate relief to be afforded in light of defendant’s alleged erroneous conviction as both a principal and accessory; (2) whether the trial court properly admitted certain purported hearsay declarations; and (3) whether the…