Chambers

The defendants by an infor- • mation filed by the district attorney of Los Angeles County were charged with the crime of robbery. Pursuant to an instruction directing it so to do, the jury acquitted the defendant Robinson, but found the other two defendants guilty. The defendant Fink, in addition to pleading “not guilty”, entered a plea of “not guilty by reason of insanity” and upon that issue the jury determined that he was sane. The defendant Chambers gave notice of appeal, but since that time has filed a dismissal herein, leaving only for our consideration the appeal of Fink, which is from the judgment and from an order denying a motion to arrest judgment until the sanity of the defendant at the time set for pronouncing judgment might be inquired into.

The only point raised by appellant is that the court erred in refusing to grant his motion to arrest the judgment. He bases his argument upon those sections of the Penal Cede (sees. 1368 and 1370) which provide that if at the time judgment is to be pronounced there is in the opinion of the court reasonable ground to believe the defendant insane he may suspend the sentence until his sanity is determined.

From a strictly legal…