People v. Rogers

Good Law
113 Cal. App. 1·1931 Cal. App. LEXIS 788·297 P. 643
Court of Appeal of CaliforniaMarch 24, 1931Docket No. 2034.California1,507 words

Opinion

Lead Opinion

Thompson, J.

The defendant was charged with grand theft by an information filed by the district attorney. He interposed two pleas, the one not guilty and the other not guilty by reason of insanity. This appeal is from the judgment pronounced upon the verdicts and from an order denying his motion for a new trial, but in fact only involves the trial upon the second plea of not guilty by reason of insanity.

Without raising a point, but just upon general principles, counsel for appellant first take a few scattering shots at what they term “the anomalous procedure” and then argue as their first reason for a reversal of the judgment' that the testimony is insufficient to support the verdict. All that we need to do is to refer to the testimony which supports the jury’s finding. Dr. E. H. Steele, one of the physicians appointed by the court,- testified that he had made a special study of nervous and mental diseases; that he had made a mental and' physical examination of the defendant; that he “observed him both in the jail, ward 110 of the County Hospital, and in the Psychopathic Ward of the County Hospital”. This witness further testified as follows: “I observed his conduct and took into…

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