People v. Glover

—The primary question raised by this appeal from a judgment of conviction after a jury trial upon pleas of not guilty and not guilty by reason of insanity of the felony of battery upon a peace officer, (Pen. Code, § 243) is whether the trial court, on its own motion, should have instructed the jury upon the defense of diminished capacity because of the evidence of appellant’s epileptic condition at the time of the offense. Appellant also challenges the jury’s verdict that appellant was sane at the time the offense was committed upon several grounds which will be discussed herein.

The facts…