Rumsey

From a judgment convicting him of the crime of robbery and an order denying a new trial the defendant has appealed and has brought up typewritten transcripts.

Acting as his own attorney the defendant has filed briefs in which he makes the point that he was wrongfully deprived of a jury trial. To get an understanding of his claim it is necessary to consider the following facts. Under the amended indictment the defendant was accused of committing robbery on the twenty-ninth day of April, 1932. The indictment charged a prior conviction on the thirteenth day of December, 1906, and it also charged a prior conviction on the twenty-eighth day of December, 1921. On his arraignment the defendant, acting as his own attorney, entered a plea of not guilty. Later he was allowed to withdraw that plea and enter a plea of not guilty and not guilty by reason of insanity. Later he went to trial before a jury on his plea of not guilty. After the evidence had been introduced the trial court granted the defendant’s motion advising a verdict in behalf of the defendant as to the second prior conviction. The jury returned a verdict finding the defendant guilty of robbery in the first degree and finding…