People v. Jackson

PEEK, J.

This is an appeal by defendant from a judgment of conviction for the alleged violation of section 447 (a) of the Penal Code (arson) and from the order denying his motion for a new trial.

The information charged that on June 9, 1950, defendant burned three1 cabins owned by his wife. The jury returned a verdict of guilty, following which counsel for defendant moved for a new trial. His motion was accompanied by a

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copy of an order of the Superior Court of Merced County, entered February 14, 1950, committing defendant to the state hospital at Stockton, it being adjudged therein that defendant was a mentally ill person. In support of the motion, and as a part thereof, was an affidavit by defendant’s counsel wherein he averred that on February 14, 1950, after a hearing in the Superior Court of Merced County, defendant was committed to the Stockton state hospital as a mentally ill person; that he was paroled therefrom on April 21, 1950, remaining, however, under the jurisdiction of the officials of the hospital and being required to report monthly to a visiting psychiatric social welfare worker employed by the Department of Mental Hygiene ; and that the affiant attorney had not learned of said order of commitment until after the trial and entry of the verdict in the present proceeding.

The transcript shows that the order of February 14, 1950, committing defendant to the state hospital was the result of proceedings under article 3 of chapter 1, part 1, division 6 of the Welfare and Institutions Code [§§ 5047-5055], instituted by defendant’s wife. The certificate of the medical examiners, on which the order was based, recommended that the defendant be confined to a state hospital for the reason that he was dangerous to himself and others.

The Honorable E. E. Siseho was absent on the date set for the hearing of defendant’s motion for a new trial and the matter was heard before the Honorable Gregory P. Maushart, who presided at the commitment proceedings on February 14, 1950. The transcript shows that Judge Maushart, because of his stated lack of knowledge of the facts presented at the trial, observed that he believed it would be unfair for him to rule upon the motion. In lieu therof and on his own motion he ordered a psychiatric examination of the defendant, in order, he said, so that when Judge Siseho returned he would “have complete information concerning the present mental ability of the defendant.”