People v. Zwick

THE COURT.

Appellant was convicted of the crime of rape. He has appealed from the judgment and an order denying a motion for a new trial on the issue of insanity. Appellant upon his arraignment entered but one plea, namely, not guilty by reason of insanity.

[191]

As grounds for bis appeal it is contended that the verdict was contrary to the evidence, that the trial court erred in the rulings upon the question of the admissibility of certain testimony and that appellant was deprived of a fair trial.

Physicians who examined appellant testified that there was a defect in his mental capacity, but that he was not insane, and other witnesses testified to his low order of mentality. "While the jury might have inferred from all the testimony that he was insane, this was not their conclusion and their verdict is sufficiently supported.

The court admitted evidence of appellant’s conduct at the time of the commission of the offense, including the testimony of the complaining witness. This is assigned as error.

The circumstances of the affair which we will not here describe tended to support the plea of insanity and evidence thereof was not prejudicial to appellant. Moreover, it was competent and relevant upon this issue

(People

v.

Donlan,

135 Cal. 489 [67 Pac. 761];

People

v.

Fallon,

149 Cal. 287 [86 Pac. 689];

People

v.

Harris,

169 Cal. 53 [145 Pac. 520], and its admission was not contrary to the decision in

People

v.