Gilberg

The defendant was charged by an information filed in the superior court of Alameda County, by the district attorney of said county, with the crime of committing a lewd and lascivious act upon the body of a female child of the age of eleven years, who is specifically described in said information, in violation of section 288 of the Penal Code, defining crimes against children. Upon a second trial he was convicted of the offense charged in the information. An appeal was taken from the judgment of conviction and the order denying a new trial to the district court of appeal, first district, division one, and the judgment and order were reversed by that court on the ground that the trial court had abused the discretion vested in it by omitting to suspend the trial and submit the issue of the defendant’s sanity to a jury upon the claim made by defendant’s counsel that a doubt had arisen as to the sanity of the defendant. A petition having been filed by the attorney-general for a hearing by this court, an order was made transferring said cause to this court for hearing and determination. The only questions presented or argued upon the appeal go to the mental condition of the defendant…