Adcock

In a nonjury trial defendant was convicted of the murder of Mildred Bolei, the crime being found to be of the second degree, and also of an assault committed upon Helen Owens by means of force likely to produce great bodily injury in violation of section 245 of the Penal *137 Code. Defendant pleaded not guilty and not guilty by reason of insanity. After he was found guilty of both offenses, trial of the insanity issue was had before the court upon the evidence adduced in the trial of the not guilty plea and evidence of physicians appointed by the court to examine defendant as to his sanity. He was found by the court to be sane at the time of the trial and also at the time of the commission of the crimes. He was sentenced to state prison, appealed from the judgment and also noticed an appeal from the nonappealable order denying his motion for new trial.

Quite properly, counsel for the defendant refrains from arguing insufficiency of the evidence to prove that defendant was the perpetrator of the two crimes. Any such contention would have been wholly unjustified. No argument is made for reversal of the conviction of defendant for the crime committed against Miss Owens.

The sole…