People v. Freedman

SHINN, P. J.

Defendant was charged by information with six felonies: (1) Issuing a check without sufficient funds with intent to defraud W. McGann and others; (2) grand theft of an airline ticket from American Airlines, Inc.; (3) issuing a check without sufficient funds with intent to defraud Jack Williams and others; (4) grand theft of another airline ticket from Western Airlines, Inc.; (5) issuing a check without sufficient funds with intent to defraud Harriet Zweiler and others; (6) issuing a check without sufficient funds with intent to defraud lone Mitchell and others. Defendant pleaded not guilty, and not guilty by reason of insanity, but withdrew his plea of not guilty. The issue of insanity was tried to a jury. Defendant was represented by counsel. Three psychiatrists were appointed by the court under section 1027 of the Penal Code to examine appellant as to his sanity and to report as to his mental condition. It was stipulated that written reports of two psychiatrists, Doctors Mitchell and Hacker, and letters which they had written to the trial judge, could be read to the jury as though the doctors were present in court and testifying personally. Defendant was found to be sane, his motion for new trial was. denied and he was sentenced on each count for the term prescribed by. law, the sentences to run concurrently. He ap

[613]

peals from the judgment and from the order denying his motion for new trial.

The reports and letters of Doctors Mitchell and Hacker were read to the jury. Defendant is 44 years of age. He has had a varied career and considerable trouble. In 1950 he served a 90-day jail sentence as a condition of three years’ probation after conviction of grand theft. In November, 1950, he suffered a serious head injury and was hospitalized for several weeks, following which he developed a partial paralysis of the left side and limb muscles. Later, in an accident, he suffered a cerebral concussion. He had an unfortunate marriage in 1938 and later got into trouble writing checks upon the account of a business in which he had been engaged. He made good these checks, which amounted to five or six thousand dollars. In January, 1951, he cashed checks at the May Company on Wilshire Boulevard and two checks at airlines companies for tickets. He testified that he could not recall these incidents and that he recovered his memory in Havana, when he found himself without luggage but with a ticket to Miami and two dollars. He was arrested while visiting his family in Richmond, Virginia.