People v. Cummings

FOURT, J. Defendant and appellant, Patrick Edward Jordan, has petitioned this court for a stay of execution of a judgment of conviction pending the determination of his appeal, following the refusal of the trial court to order a stay of execution pending appeal pursuant to section 1243 of the Penal Code.

Defendant Jordan, hereinafter referred to as the defendant, was charged in an information with a conspiracy to commit abortion and with nine separate counts of the crime of abortion. The codefendant, Arthur Cummings, was similarly [452]charged and convicted. Jordan appeared in court on February 5,1957, with his counsel, the public defender, and pleaded not guilty to each of the 10 counts then charged against him. On February 18, 1957, the defendant and his counsel were present in court, and it is set forth in the proceedings of that day, “It appearing to the Court that the defendant has been committed to the Department of Mental Hygiene, cause is advanced from February 25, 1957. Counsel for the defendant enters a plea of ‘Not Guilty by reason of Insanity’ at the time of the commission of the offense on behalf of the defendant. Doctor Robert B. Wyers and Dr. John A. Mitchell are appointed under section 1027 Penal Code to examine the defendant as to his sanity at the time of the commission of the offense, and are also appointed under section 1871, CCP to examine the defendant as to his present sanity, and report to the Court by February 25,1957. Trial is restored to calendar February 25, 1957, at 9 :15 a. m. . . .”

On February 25, 1957, the defendant and his counsel were present in court and upon the basis of the reports of the doctors, theretofore appointed, the court found that the defendant was “presently sane and able to cooperate with counsel in his own defense.” A jury was waived, the trial then commenced, and it was stipulated that the cause be submitted on the transcript of the testimony taken at the preliminary hearing, all parties reserving the right to introduce additional evidence. The trial was then continued to April 2, 1957, and the defendant was remanded to the Metropolitan State Hospital at Norwalk.

On April 2, 1957, the defendant made a motion in effect requesting that a daily transcript of the proceedings be ordered and the motion was denied. Several witnesses were then sworn and testified, and the trial continued on into the next day at which time the People rested their ease. The defendant introduced certain evidence in the days that followed and then rested his case. On April 5, 1957, the cause was continued to April 29, 1957, for further trial.' On Apiril 26, 1957, the court ordered the court reporter to prepare an original and three copies of the transcript of the testimony taken on April 2, 3, 4 and 5, 1957. On April 29, 1957, each of the defendants made a motion to reopen the case for the purposes of taking additional evidence and the motion was denied. The cause was then argued and continued to April 30, 1957, upon which day the arguments were concluded and the court found this defendant guilty of counts I, V, YI,