Welborn

People v. Welborn

Good Law
1967 Cal. App. LEXIS 1808·257 Cal. App. 2d 513·65 Cal. Rptr. 8
Court of Appeal of CaliforniaDecember 27, 1967Crim. No. 12508California2,411 words

Opinion

Lead Opinion

Moss, J.

—Defendant pleaded not guilty and not guilty by reason of insanity to a charge of the murder of Rick Rebbe. The court appointed three psychiatrists, Drs. Crahan, Drury and Walters, to examine the defendant as to his sanity pursuant to section 1027 of the Penal Code. By stipulation, in which defendant personally joined, the guilt issue was submitted to the court upon the transcript of the preliminary hearing and of a conversation between defendant and the investigating officer. Both sides waived argument. The court found defendant guilty of murder of the first degree. By stipulation, in which defendant personally joined, the sanity issue was submitted for decision by the court upon the reports of five psychiatrists who had examined defendant. The court found that defendant was sane at the time of the homicide and at all times during the trial, and sentenced defendant to life imprisonment. Defendant made a motion for new trial which his counsel submitted withoxit argument. The motion was denied. Defendant appealed and we appointed counsel at his request. We granted defendant’s motion to augment the record to include the reports of the five psychiatrists who examined defendant and…

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