Boulton

The defendant, by an information filed against him in the Superior Court of the County of Butte, was charged with and convicted of the crime of murder of the first degree, committed by him in said county on October 20, 1934. The murder consisted of the stabbing, on October 20, 1934, of A. D. Miner, a peace officer of the city of Gridley, county of Butte, who died four days later as the direct result of said knife wound inflicted by the defendant with homicidal intent. The jury did not by its verdict relieve the defendant of the extreme penalty of the law, and the court thereupon imposed the extreme penalty as it is required to do in cases where the jury refuses to exercise its discretion by relieving the defendant of the death penalty.

In addition to his plea of not guilty of the offense charged, lie also entered a plea of not guilty of the offense charged because he was insane at the time it was alleged that he committed .the crime. The jury found against the accused on both issues.

In due course the defendant moved for a new trial. The motion was denied and the death penalty .was accordingly pronounced. Notice of appeal from the judgment of conviction was duly given by the…