Hart

An appeal from the judgment of conviction on the charge of murder in the first degree is automatically presented to this court under the provisions of section 1239 of the Penal Code.

Fred Hart was charged in an information with the crime of the murder of Elizabeth Martin at Indio on July 17, 1936. He entered only the plea of not guilty by reason of insanity. Alienists were appointed by the court to examine the defendant and they testified upon a trial of that issue. A jury returned its verdict finding the defendant sane on the date charged in the information. The defendant having entered no other plea, upon the return of the verdict stood convicted *232 of the crime charged. Thereupon testimony was taken to fix the degree of the crime and it was stipulated that the evidence presented upon the trial of the insanity issue might be considered by the court in determining that fact. Upon the conclusion of that hearing the court determined the crime committed by the defendant to be murder in the first degree and entered judgment imposing the death penalty therefor.

Defendant was represented at the trial by counsel appointed by the court to defend him, but they have not presented any…