People v. Chamberlain

WASTE, C. J.

The defendant was charged with murder. Under the provisions of section 1016 of the Penal Code, he pleaded not guilty of the offense charged, and also not guilty by reason of insanity. The jury rendered a verdict of guilty of murder of the first degree, with a recommenda

[259]

tion of imprisonment in the state prison for the remainder of his life. A subsequent trial on the issue of his sanity resulted in a verdict that he was then sane. A motion for new trial on the issue of insanity alone was then presented and denied. Judgment was accordingly pronounced imprisoning him in the state prison at San Quentin for the balance of his lifetime. This appeal is from the order denying defendant’s motion for a new trial and from that portion of the judgment of conviction which determines that the defendant was sane at the time of the commission of the homicide with which he was charged.

The attorney-general has raised a question as to the sufficiency of the appeal taken by the defendant as announced through his attorneys in open court at the time the judgment was rendered; but, as we have reached the conclusion that on the merits of the cause the judgment should be affirmed, the technical objection will not be considered. The real question to be considered is the sufficiency of the evidence, as a matter of law, to support the verdict of the jury.

The defendant concedes that the evidence is sufficient to support the verdict and judgment that he is guilty of murder of the first degree. He vigorously contends, however, that the evidence fails to support the verdict that he was sane at the time of the commission of the homicide. Ten lay witnesses were called by the defense and gave testimony ténding to establish that the defendant was insane at the time of the commission of the crime. None of them thought he was sane. A reputable physician of long professional practice and experience, called as an expert, positively testified that the defendant was insane when he killed the deceased. Two alienists, summoned by the court pursuant to the provisions of section 1027 of the Penal Code, also pronounced the defendant insane at the time of the homicide.

No witness testified that the defendant was sane when he committed the crime. The prosecution rested without introducing any testimony to rebut the case of defendant on the issue of sanity. It relied entirely on the presumption of law that all men are presumed to be sane, and the evidence, if any, indicating the sanity of defendant, adduced on cross-examination from witnesses called by the defense, including the defendant who testified in his own behalf.