Linton

Appellant was charged by an information containing two counts with having committed upon a female child ten years of age the crimes defined by sections 288 and 288a of the Penal Code. When asked to plead to the charges he stood mute, and thereupon the court directed pleas of not guilty and not guilty by reason of insanity to be entered in his behalf to both charges. Upon the first trial a jury found him guilty on both counts, and subse quently another jury declared him sane at the time of the commission of the acts charged. The appeal is taken from the judgment of conviction and the order denying his motion for a new trial, twenty-four points being urged as grounds for reversal. ' In considering these points they will be grouped according to the subjects to which they relate.

Appellant was arraigned on July 17, 1928, at which time he was represented by his present counsel, who requested that appellant be sent to the detention hospital for observation as to his sanity. Such an order was made and the time to plead was continued to August 4, 1928. At that time the examining physicians declared him to be sane. He was then asked to plead to the charges, but, as stated, he stood mute…