People v. Egan

WASTE, C. J.

The appellant Dallas Egan was charged with the crime of murder. The information also charged four prior convictions, two of which were suffered in other jurisdictions and two in the state of California. Defendant entered a plea of not guilty, and denied the prior convictions. Prior to the date set for his trial, he asked to be permitted to change his pleas to (a) not guilty, (b) not guilty by reason of insanity and (c) admit the four prior convictions. His motion to enter a plea of not guilty by reason of insanity was denied, but, on being re-arraigned—and the record indicates being fully advised as to his rights—he admitted the four prior convictions.

The trial of appellant and two co-defendants was begun. After it had been in progress for several days, the appellant-asked permission to withdraw his plea of not guilty, and to enter a plea of guilty. The court thereupon personally questioned appellant, advising him fully as to his rights, and also questioned his counsel. Being satisfied that the appellant and his counsel fully appreciated the situation, the court ordered the appellant to be re-arraigned, and there was entered a plea of guilty. On stipulation that the evidence already taken at the trial could be considered by the court in fixing the degree of the crime, and after hearing further facts and evidence then submitted to it, the court found the offense to be murder of the first degree. Before pronouncement of judgment and sentence, appellant made an oral motion for a hearing as to his present sanity, and a motion for a continuance in order to present testimony as to his then sanity. These motions were denied, and the death sentence was pronounced.

On this appeal two questions are presented: (1) Did the trial court abuse its discretion in denying appellant’s motion to be allowed to change his plea of not guilty by the addition of the plea not guilty by reason of insanity? (2) Did the trial court abuse its discretion in denying appellant’s motion, made after conviction and before sentence, for a hearing as to his present sanity ?

[410]

The record shows that appellant and several accomplices, two of whom were subsequently shot to death while engaged with appellant in a bank robbery, were robbing a jewelry store in Los Angeles. While they were so engaged, W. J. Kirkpatrick, an elderly passer-by, and unarmed, entered the store to compare his watch with the master clock. Appellant Egan ordered him to the rear