Stewart

This is an appeal from a judgment of conviction of involuntary manslaughter.

In an information filed in Los Angeles County on December 6, 1965, defendant was charged with murdering George Turner on November 8, 1965, in violation of section 187 of the Penal Code. It was further charged that defendant previously, on May 25, 1954, had been convicted of burglary and had served a term in prison therefor and that on March 29, 1960, he had been convicted of a violation of section 12021 of the Penal Code (Dangerous Weapons Control Law) and had served a term in prison therefor. Defendant pleaded not guilty and denied the prior convictions. At the first call for trial defendant made an added plea of “Not Guilty by Reason of Insanity.” A doctor (Doctor Marcus Crahan) was appointed to examine defendant pursuant to the law and was directed to report to the court as to the present mental condition of defendant and as to his mental condition at the time of the commission of the offense.

The plea of “Not Guilty by Reason of Insanity” was withdrawn, a jury trial was waived, and the cause was submitted upon the testimony contained in the transcript of the proceedings had at the preliminary…