Winton

Defendant was charged by information with the murder in October, 1947, of his wife, daughter, and son-in-law. He pleaded not guilty and not guilty, by reason of insanity to all three charges. His counsel then requested his examination by alienists and suggested that he be held in the Mendocino State Hospital for a reasonable time for that purpose. Defendant also personally requested the court to send him to the hospital for a week so that he might be under observation and examination by two alienists on the medical staff. The request was granted. It was the opinion of the alienists that defendant was sane both at the time of commission of the crime charged and at the time of examination.

*468 Upon defendant’s return to court after his hospital stay, he withdrew his pleas of not guilty and pleaded guilty to the three murders. This was done with the knowledge and consent of his counsel. The court thereupon took testimony to determine the degree of the crimes. At the conclusion of the hearing the court found that the murders were all of the first degree and sentenced defendant to pay the extreme penalty. An appeal to this court automatically followed (Pen. Code, § 1239). Defendant…