People v. Loomis

SHAW. J.

The defendant appeals from a judgment of the superior court of Sacramento County imposing upon him a sentence of death, and also from an order denying him a new trial.

He was charged with the murder of Marie G. Hollcroft, alleged to have been committed on August 17, 1914. He pleaded not guilty, but was convicted of murder of the first degree, without mitigation of punishment. Sentence was

[349]

passed on November 17, 1914. The transcript on appeal was filed on January 4, 1915, but at defendant’s request the hearing was postponed to the May, 1915, session at Sacramento.

The defendant’s application for a postponement of the trial was properly denied. The continuance was asked to enable him to obtain evidence relating to the alleged insanity of the defendant. No facts were stated to show the exercise of any diligence in searching for evidence, nor was any substantial reason given for the failure to find it. The defendant did not state that he could procure evidence on the subject, but merely showed that he hoped to do so. Under these circumstances the court had no choice but to go on with the trial.

It is suggested that the showing made should have raised a doubt of the defendant’s sanity at the time of the trial and should have caused the court to suspend the proceedings and call a jury to determine the present sanity of the defendant as provided in section 1368 of the Penal Code. This claim is untenable. The statements in the affidavit offered in support of the motion for a continuance were not of such a character as to compel such doubt. They can scarcely be considered as tending to suggest a doubt on the subject. The matter was one calling for the exercise of the discretion of the trial court. No abuse of discretion is shown and its decision must be upheld.

(People

v.

Hettick,

126 Cal. 426, [58 Pac. 918] ;

People

v.

Geiger,