Baker

On December 30, 1964, appellant was charged by information with murder in violation of section 187 of the Penal Code. Two prior convictions for felonies were also alleged.

On January 8, 1965, appellant pleaded “Not Guilty” and denied the priors. On May 20, 1965, appellant entered the additional plea of “Not Guilty by Reason of Insanity” (Pen. Code, § 1016) and two psychiatrists were appointed by the court pursuant to Penal Code, section 1027, to examine and investigate appellant’s sanity. Each reported appellant was sane prior to the trial. On May 25, an additional physician, Dr. Marinacci, was appointed under Code of Civil Procedure, section 1871, to conduct an electroencephalogram on appellant. This report was also made prior to the trial.

On July 12, 1965, the cause was called for trial. At bench, contending counsel and appellant being present, the following exchange occurred:

Appellant was found guilty of first degree murder and sentenced to life imprisonment.

On the afternoon of November 12, 1964, appellant shot and killed Irvin Luther Twilley at the home of Bonald Bobinson, appellant’s brother-in-law, in Paramount. At the time of the shooting, appellant’s wife Sylvia,…