Flannigan

This is an appeal from a judgment of conviction of murder in the second degree.

In an information filed in Los Angeles County on January 23, 1963, defendant was charged with murdering Monroe Porter on December 28, 1962. It was further charged that defendant previously had been convicted of robbery in 1949 and had served a term therefor in a state prison. Defendant was arraigned on January 23d, 1963, and on January 28th, 1963, he pleaded not guilty and denied the charged prior *728 conviction. Trial was set for March 7th, 1963, and on that date defendant made a motion, pursuant to section 1871, Code of Civil Procedure, and the court appointed Doctor MeNiel to examine defendant with reference to his mental condition. The key witness for the prosecution was unavailable and the trial was continued to April 8, 1963. On the latter date, defendant entered an additional plea of not guilty by reason of insanity, and, further, upon motion of the defendant the court appointed Doctor Marinacei to perform an electroencephalograph examination of defendant. The trial was continued to June 4, 1963, upon motion of defendant. On June 17th, 1963, a jury trial was waived and in effect it was…