People v. Puter

WILSON, J.

Appellant was charged in three informations with a total of eleven counts of felony, four of forgery and seven of violating section 476a of the Penal Code, uttering fictitious cheeks. In each information he was charged with two prior felony convictions,—one of forgery, the other of violating section 476a of the Penal Code. The three informations were consolidated and tried together.

Appellant entered a plea of not guilty to each count and a plea of not guilty by reason of insanity and denied the prior convictions. Three alienists were appointed by the court to examine the defendant and report as to his sanity. Trial by jury was waived by the defendant, his attorney and the district attorney as to all issues. By stipulation the cause was submitted on the evidence received at the preliminary examination and it was further stipulated that the reports of the alienists should be considered as evidence on the question of appellant’s sanity. The cause was tried, the reports of the alienists were presented and filed, the court found appellant guilty on all counts, found the allegations of prior convictions to be true and found that defendant was sane when each of the several offenses was committed and sane at the time of trial. A motion for new trial was made and denied and judgment and sentence were pronounced against appellant. He appeals from the judgment only.

Appellant was represented by counsel throughout the proceedings in the superior court to and including the pronouncement of judgment. He prosecutes this appeal on his own

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behalf. He does not question the sufficiency of the evidence. It need only be said that it sustains his conviction on each count and the truth of the allegations of his prior convictions.

Appellant contends that his waiver of a trial by jury was irregular and ineffective for the reason that a paper signed by him in which he authorized his attorney to inform the district attorney and the court that he would consent to a trial without a jury was filed out of his presence on the day before the case was called for trial. The paper did not purport to be a waiver but was filed only for the information of the district attorney and the court in order that a jury would not be in attendance at the trial when the case was called. A trial by jury was waived in the manner provided in section 7 of article I of the Constitution. Appellant, his attorney and the deputy district attorney who was prosecuting the case joined in a stipulation that a jury was waived on the plea of not guilty and on the plea of not guilty by reason of insanity. A waiver by all parties is clearly expressed in the transcript and no irregularity appears.