O'Brien

Defendant pleaded guilty to one count in each of two separate informations by which he was charged with the crime of robbery. At the same time he also pleaded “not guilty by reason of insanity”. By stipulation of the parties and by consent- of the trial court, the two actions were considered and tried together. In each action the appeal is from the judgment of conviction which followed defendant’s trial on the issue of his sanity, as well as from the denial of his motion for a new trial. A motion by respondent for a diminution of the record is also presented.

As a ground for reversal of the judgments, it is urged by appellant that, as shown by the record herein, because on the hearing before the trial court no evidence whatsoever was introduced by the prosecution which tended to establish the sanity of defendant, but on the part of defendant a large volume of evidence was presented which tended to prove his insanity at the time when each of the crimes of which he was charged was committed, the trial court was without authority to judicially declare that at said time or times the defendant was sane. Conceding the fact that, as claimed by defendant, the effect of all the direct or…