Lanza

This is an appeal from an order granting probation to appellant after his conviction on a charge of burglary in the second degree upon “the ground that the same is a cruel and inhuman punishment considering the nature of the offense and the circumstances under which the same was allegedly committed.”

In an information filed in Los Angeles County it was charged that defendants, on or about January 8, 1960, burglarized a building occupied by Kellogg Builders, Inc. Frederick Lanza was charged with a prior conviction of a felony, namely an attempt to set fire to a building. Each defendant pleaded not guilty and Frederick Lanza pleaded, in addition thereto, not guilty by reason of insanity.

The cause was submitted upon the transcript of the testimony taken at the preliminary hearing. The plea of not guilty by reason of insanity of Frederick was submitted upon the reports of the court-appointed physicians. Each defendant was found guilty of burglary in the second degree. Frederick was found to be sane at the time of the commission of the offense and at the trial. The appellant’s motion for a new trial was denied. The imposition of sentence of appellant was suspended and he was placed…