Wilson

Appellant was charged with the crime of murder by information filed by the district attorney of Los Angeles County. He entered his pleas of “not guilty” and “not guilty by reason of insanity”, and having duly waived his right to a trial by jury, he was tried by the court without a jury on his plea of “not guilty”, the court having theretofore appointed alienists “to examine the defendant and investigate his sanity, and to report their findings thereon”, etc. Appellant was adjudged guilty of the crime of murder in the second degree and sentenced by the court to San Quentin prison for the term prescribed by law. Pie appeals from the judgment and from the order by which his motion for a new trial was denied.

In his opening brief filed in this court on December 16, 1935, appellant makes the point that the judgment is not final and that the court was without jurisdiction to impose sentence upon him by reason of the fact that his plea of “not guilty by reason of insanity” has never been dis posed of, in that said appellant was never tried on the issue of “not guilty by reason of insanity”.

On January 7, 1936, respondent filed its notice of motion for diminution of the record “to…