People v. Danielly

Defendant was charged with the murder of his wife and with assault upon his wife’s friend, Mrs. Elva Sam, with intent to commit murder. To each charge he pleaded not guilty and not guilty by reason of insanity. Upon trial of the general issue a jury found that he was guilty of each offense and that the murder was of the first degree. The. verdict upon the murder count was silent as to penalty. The issue raised by defendant’s plea of not guilty by reason of insanity was tried before the same jury which had tried the general issue; such jury disagreed and was discharged. Another jury was…