Houser
People v. Houser
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. ' '