Wallace

On February 27, 1958, the appellant, Clyde R. Wallace, was indicted on six counts of unlawful taking of property in violation of sections 484 and 487 of the Penal Code (theft). A prior conviction for false pretenses was also charged. The appellant denied the prior conviction and entered pleas of not guilty and not guilty by reason of insanity. The appellant was found insane and committed to the state hospital in April, 1958. In January, 1959, the appellant was reexamined and found sane at the time of the commission of the offenses charged by the indictment. Thereafter, on April 7,1959, the appellant was tried by a jury which found him guilty on three counts and found the allegation of the prior conviction to be true. Thereafter, the appellant waived a jury on his plea of not guilty by reason of insanity. The court concluded that the appellant was sane at the time of the commission of the crimes for which he had been convicted and sentenced him to the state prison. On this appeal from the judgment of conviction and the order denying the motion for a new trial, the only argument is that the evidence is insufficient to sustain the judgment of conviction. There is no merit in this…