When counsel becomes possessed of knowledge of a defendant's lack of mental capacity to comprehend his situation or to properly make his defense, it becomes his duty to promptly bring the matter to the attention of the court. People v. Maynard, 347 Ill. 422, 179 N.E. 833 (1932); State v. Smith, 173 Kan. 813, 252 P.2d 922 (1953); Magenton v. State, supra. Furthermore, if the trial court learns from observation, reasonable claim or credible source that there is genuine doubt of defendant's mental condition to comprehend his situation or make his defense it is the duty of the court to order an inquiry concerning defendant's competence to stand trial, otherwise termed defendant's present sanity and determine that issue, and it may do so on its own initiative.
The trial judge must have entertained such a real doubt in this case or, we feel certain, he would not have gone the length he did to assure himself, by questioning counsel, that the defendant had been examined by a psychiatrist, and that the psychiatrist had made a report indicating that the defendant was able to aid and assist in his own defense. State v. Smith, 173 Kan. 813, 252 P.2d 922 (1953); Annot., 142 A.L.R. 961, 966-971 (1943). State v. Smith, supra note 9.
" (l.c. 39.) See, also, Brewer v. Hudspeth, 166 Kan. 263, 269, 200 P.2d 312, and State v. Smith, 173 Kan. 813, 815, 252 P.2d 922. In applying our statute (G.S. 1949, 62-1531) the test of a defendant's sanity is not the so-called M'Naghten or "right and wrong" rule.
[7, 8] Whenever counsel for the accused or for the state become possessed of knowledge of accused's lack of mental capacity to comprehend his situation or to properly make his defense, it becomes their duty to promptly bring this matter to the attention of the court. State v. Smith, 173 Kan. 813, 252 P.2d 922. The fact that counsel for the accused does not request a trial of this issue is significant.