Fink

This is an appeal from a judgment sentencing the defendant for the crime of robbery and from an order denying his motion for a new trial. The trial was upon the issue raised by the plea of not guilty by reason of insanity, the defendant having entered the plea of guilty. But two reasons are assigned why we should reverse the judgment, the first being that the court refused consideration of the instructions proffered by defendant because they were not tendered to the court until the beginning of defendant’s argument, and the other that the court first refused to permit the defendant to testify, although subsequently the judge withdrew the ruling and permitted him to testify either on direct examination or in rebuttal.

Turning, therefore, to the argument first advanced, we find that the court based its action upon section 607a of the Code of Civil Procedure, added thereto by the legislature in 1929 and which reads as follows: “In every case which is being tried before the court with a jury, it shall be the duty of counsel for the respective parties, before the first witness is sworn, to deliver to the judge presiding at the trial, and serve upon opposing counsel, all proposed…