People v. Mallette

MOORE, P. J.

This is an appeal from a-judgment of conviction of murder in the first degree and from an order denying a new trial. Defendant was accused of the murder of her husband on May 28, 1939. After entering her plea of hot guilty and not guilty by reason of insanity, the court appointed three psychiatrists as a commission to examine her. At the hearing held on August 7, 1939, the court without a jury determined that,the defendant was “insane at the present time”, committed her to the hospital for the criminally insane at Talmadge and suspended further proceedings. On December 6, 1939, defendant having been returned to the custody of the sheriff, the cause was reset for trial and the same psychiatrists were required to examine and report as to her sanity as of the date of the homicide.

On January 9, 1940, the jury was impaneled and the trial proceeded upon the issue raised by the plea of not guilty. Two days later the jury returned a verdict of guilty of murder in the first degree with a recommendation of life imprisonment. The same jury thereupon proceeded to try the issue of “not guilty by reason of insanity”. On the following day, the jury returned its verdict that the defendant was sane at the time of said homicide. On January 16, 1940, defendant’s motion for a new trial upon the statutory grounds was denied, whereupon the court sentenced the defendant in accordance with said verdict.

On this' appeal defendant urges especially two points, namely: (1) The court committed prejudicial error in commenting to the jury upon the significance of the commitment (exhibit B) of the defendant to the said state hospital on the 7th day of August, 1939; (2) the prejudice caused by the statement of the district attorney in his closing argument in which he commented upon said statement made by the court on receiving said exhibit B and misstated the result of the jury’s determining her insane.

On receiving in evidence said commitment to the hospital for the insane, the court said: “let-the jury, consider the -fact- that-there-was - an- -adjudication on-the point on the day of August 7, 1939, .-.- the sole question before the court at that time being whether in the opinion of the court, the

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defendant was in sufficient frame of mind or the proper frame of mind to cooperate with her counsel in the preparation of her defense, under which circumstances it was the duty of the court to commit the defendant until such time as she might be in sufficient mental state to cooperate in presenting her defense.