People v. Van Winkle

This is an appeal from a judgment of convictions and from orders denying motions for a new trial. Under Count I of the indictment the defendant was found guilty of the murder of Police Officer Robert Walters and the extreme penalty was imposed. Under Count II he was found guilty of assault with intent to commit the murder of Special Officer Lawrence Jones, and was sentenced to imprisonment for the term prescribed by law. (Pen. Code, § 217.) To each count the defendant interposed pleas of not guilty and not guilty by reason of insanity.

The sole contention of the defendant is that the trial court committed prejudicial error in requiring the same jury which had returned the verdicts of guilty to then determine the question of the defendant’s sanity under the provisions of section 1026 of the Penal Code.

The record shows that on September 19, 1952, at approximately 4:30 p. m. the defendant, carrying a paper bag, entered the offices of the Personal Finance Company in San Francisco and inquired about a loan. Upon being shown into the manager’s office he withdrew a gun from the bag and ordered the manager to open the safe. He was informed that there was no safe in the manager’s…