Lane

In a jury trial, William Harold Lane was convicted of the second degree murder of Casimir Buda. A separate trial was held on Lane’s plea of not guilty by reason of insanity; the jury found that defendant was sane at the time the offense was committed. Lane made a motion for new trial, which was denied. Probation was likewise denied, and defendant was sentenced to state prison for the term prescribed by law. Lane appeals from the judgment.

The conviction was based upon evidence of the following facts. Defendant and Buda were patients in the Krueger Sanitarium in Lancaster, which houses about 60 men suffering from tuberculosis. The patients live in cabins; near the cabins is a recreational area provided with tables and chairs. One of the patients, Manuel Carpió, was walking across the recreational area shortly after noon on August 2, 1956. He looked up and noticed Buda on the ground in a half-seated position about 75 feet away from him; Buda was attempting to lift himself up by his hands. Defendant was standing about *498 5 or 6 feet in front of Bnda, whose back was toward Carpió; Lane was holding an ax. Buda took a handkerchief out of his pocket, wiped his forehead, then backed up…