O'Brien

Appellant pleaded guilty to one count in each of two informations which charged him with the crime of robbery. He also entered his plea of not guilty by reason of insanity. The two eases were tried together before the court upon the issue of insanity at the time of the commission of the alleged offenses, trial by jury having been waived. The court found that the appellant was sane, and denied his application for probation in both cases. The court also denied appellant’s motions for new trial and sentenced him to the state penitentiary for the crime of robbery for the period prescribed by law. Appellant took an appeal from the judgment of the court, maintaining that he was substantially prejudiced in his rights, because the trial court in its determination of the degree of his crimes considered no evidence of any kind. On March 25, 1932, judgment of .this court was made and entered as follows: “In each appeal it is ordered that the order denying the motion for a new trial be and it is affirmed. Each of the judgments is affirmed, subject, however, to further determination of the degree of the several crimes. It is further ordered that defendant appear before the superior court for…