I have checked the record
against the able statement of the facts by my associate, Mr. Justice Doran. I agree with him that it must be concluded that the defendant on numerous occasions did not, and could not have known what was going on at her trial. It is a fair assumption that for a part at least of her trial defendant’s mental and physical condition precluded that participation in the defense of evéry person charged with crime which our law requires and guarantees. I concur.
A petition for a rehearing was denied January 21, 1953, and respondent’s petition for a hearing by the Supreme Court was denied February 5, 1953. Edmonds, J., Traynor, J., and Spence, J., were of the opinion that the petition should be granted.