Renteria

Appellant appeals from a judgment of conviction of assault with intent to commit murder, a violation of section 217 of the Penal Code. The defendant had pleaded not guilty and not guilty by reason of insanity, and after separate trials the jury returned verdicts finding that the defendant was guilty of the offense charged and that he was sane at the time of the commission of the offense.

The instant offense occurred on November 11,1958, in Tulare County. Two highway patrolmen observed defendant driving north on Highway 99 and caused him to stop by use of their red light. As the highway patrolmen stopped their ear behind the defendant’s car, he alighted from his car and drew a pistol. The officers called on him to throw away the pistol and the defendant responded by firing upon the officers and fleeing across a field. The officers pursued him and, after a lengthy chase and an exchange of shots, the defendant was wounded and indicated willingness to surrender. He was then taken into custody.

At the time of the defendant’s arraignment in the superior court, the court appointed two psychiatrists to examine him and determine his present mental condition and his mental condition at…