Davis

The defendant was charged with the crime of murder. He interposed a general plea of not guilty and a special plea of not guilty by reason of insanity. He was first tried on the issues raised by his plea of not guilty and the jury found him guilty of murder of the second degree. Immediately after the rendition of this verdict the issue raised by his special plea was tried before the same jury and a verdict was returned finding that he “was sane at the time that he is alleged to have committed the unlawful act, as alleged in the indictment herein.” This appeal is from the judgment and the order denying a new trial. The most important contention of the appellant is that sections 1016 and 1026 of the Penal Code are unconstitutional. The validity of the provisions of sections 1016 and 1026 which relate to the trial of a defendant who interposes the single plea of not guilty by reason of insanity were upheld in People v. Hickman, 204 Cal. 470 [ 268 Pac. 909 ], where the constitutional right of trial by jury is discussed at considerable length. In so far as applicable to the facts of this case, those sections read as follows:

The trial court strictly followed the procedure prescribed by…