Pilgrim

By an information defendant was charged with a violation of section 288 of the Penal Code and with a prior conviction for grand theft. The defendant entered a plea of not guilty to the principal charge and admitted the prior conviction. Following a verdict of guilty as charged, defendant moved for the appointment of psychiatrists to examine him as to his mental condition and for permission to make application for probation. His motion for a new trial was denied, and this appeal followed. Pursuant to defendant’s request, Mr. Hoffelt was appointed by this court to assist him on his appeal.

Defendant’s first contention is that the court erred in refusing to allow him to conduct his own defense. The record shows that prior to trial the defendant appeared before the court on his request to subpoena witnesses. At this time he again stated, as he had at the time of his arraignment in the superior court, that he did not desire the services of counsel. The court noted the difficulties to be expected in a jury trial and appointed Mr. Mclnnis to assist him, and the services of counsel were accepted by defendant. When the cause came on for trial Mr. Mclnnis proceeded with the examination of…