Strong

Defendant was accused of robbery by an information containing two counts. On October 30, 1930, he appeared before the superior court for plea without counsel, and, standing mute, a plea of “not guilty” was ordered entered as to each count. On December 9th he appeared with the public defender as counsel and entered an additional plea of “not guilty by reason of insanity” to each count. The trial of the issues raised by the pleas “not guilty” resulted in a verdict of guilty on both counts of first degree robbery, whereupon the same jury was sworn to try the issues raised by the last pleas entered, which resulted in verdicts finding the defendant sane at the time of the commission of the offenses charged in the information. Motions for new trial were made and denied and the court pronounced judgment on the verdicts. Prom the order denying his motions for new trial and from the judgments defendant has appealed.

It appears that the court, under section 1027 of the Penal Code, appointed Dr. Benjamin Blank and Dr. Martin Carter to examine defendant and that Dr. Blank was called as a witness by the district attorney and testified that in his opinion the defendant was sane. The prosecutor…