Houser

People v. Houser

Good Law
1965 Cal. App. LEXIS 1216·238 Cal. App. 2d 930·48 Cal. Rptr. 300
Court of Appeal of CaliforniaDecember 21, 1965Crim. 2350California2,108 words

Opinion

Opinion

Finley, J.

This is an appeal .-from, a judgment following a jury verdict adverse to defendant on-his plea of not guilty by reason of insanity. ■ . -

By information appellant was charged .with assault .with intent to commit murder.. .(Pen. Code, § 217;) The information also charged three prior felony ■ convictions3.which wem admitted at the trial. ' ....

Appellant went to a jury trial on the issue.raised -by his plea of not guilty by reason of insanity. The jury 'found appellant sane at the time, charged and he was -sentenced -to state prison for the term prescribed by law.

Facts

On December 12, 1964, appellant and one Strand were drinking at appellant’s apartment. The . drinking, had been going, on for several days. Appellant’s sister lived xxext door. ■ . . - .

About 9 p.m. on December 12, appellant appeared at- the sister’s residence with a butcher knife and announced; (‘I killed the S.B.” A search next door, revealed that he had indeed knifed Strand, but Strand did' not die. He* lived to appear as a witness for defendant at the trial. The police were called and appellant was taken into custody and the charges filed. ' '

At the trial, two court-appointed psychiatrists testified" in…

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