In Re Merwin

California Court of Appeal Aug 27, 1930 No. Docket No. 1135.Published

Before: Finch

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Holding. The court held that the People lack the statutory right to appeal a habeas corpus discharge order when the defendant was found not guilty by reason of insanity, as such a verdict precludes a judgment of conviction.

Issues

Whether the People have a right to appeal a habeas corpus discharge order under Penal Code section 1506 when the defendant was found not guilty by reason of insanity.
Whether a defendant found not guilty by reason of insanity has been 'convicted' of a crime within the meaning of the Penal Code.

Disposition. dismissed

Quotations verified verbatim against the opinion

“The finding of the jury that the defendant was not guilty by reason of insanity was the final determination of the jury, which made it impossible for the court to render a judgment of conviction.”

“There appears to be no logical basis for holding that the petitioner herein was convicted, within the meaning of section 1506”

[32]

FINCH, P. J.

The petitioner was charged with the crime of murder. He entered pleas of “not guilty” and “not guilty by reason of insanity.” At the hearing on the first of these pleas the jury returned a verdict of guilty of murder of the second degree. At the subsequent hearing on the second plea the jury returned a verdict of not guilty by reason of insanity. The petitioner was thereupon committed by the court to the state hospital for the insane at Talmage. After having been confined in that hospital for more than a year, he applied to the trial court for a writ of

habeas corpus,

alleging that he was then sane, and, upon a hearing duly had, the court made an order discharging him from such confinement. The people thereupon gave notice of appeal from the order. Section 1506 of the Penal Code provides:

“An appeal may be taken to the District Court of Appeal by the People from a final order of a superior court made upon the return of a writ of

habeas corpus

discharging a defendant after his conviction, in all criminal cases prosecuted by indictment or information in a court of record, excepting criminal cases where judgment of death has been rendered, and in such cases to the Supreme Court.”

The first question which naturally arises is whether the people are given a right of appeal in cases such as this. The answer to this question depends upon whether the petitioner has been convicted of a crime. Section 26 of the Penal Code provides:

“All persons are capable of committing crimes except those belonging to the following classes: . . . Three—Lunatics and insane persons.”

Section 1016 provides:

“There are five kinds of pleas to an indictment or information:

“1. Guilty.

“2. Not guilty. . .

“5. Not guilty by reason of insanity.”

It would require a peculiar process of reasoning to reach the conclusion that a defendant who was finally found not guilty by reason of insanity of a kind which rendered him incapable of committing the crime with which he was charged was nevertheless convicted of that crime. It would

In Re Merwin

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FINCH, P. J.

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