In Re McManus

THOMPSON, J. By means of habeas corpus the petitioner Patrick Joseph McManus seeks to obtain his release from the Mendocino State Hospital, pursuant to section 6760 of the Welfare and Institutions Code, for the purpose of enabling him to defend himself on a charge of murder which is pending against him in the Superior Court of Los Angeles County. On February 24, 1937, an indictment was returned by the Grand Jury of Los Angeles County, charging the petitioner with the crime of murder. On February 26, 1937, he entered pleas of not guilty and not guilty by reason of insanity. On March 16, 1937, the trial judge expressed a doubt as to McManus’ present sanity and pursuant to section 1368 of the Penal Code set a hearing on that issue for March 30, 1937. On the latter date a jury regularly impaneled' for the purpose of considering the present sanity of petitioner found him to be insane. The Superior Court of Los Angeles County thereupon committed him to the custody [319]of the Superintendent of the Mendocino State Hospital, Mendocino County, California, until he regained his sanity, whereupon he was to be returned to the custody of the Sheriff of Los Angeles County for trial, as provided by section 1372 of the Penal Code.

On September 17, 1943, petitioner made an application to the Superior Court of Mendocino County for a writ of habeas corpus claiming that his imprisonment in the Mendocino State Hospital was illegal in that he was at that time sane, and able to consult with counsel and enter upon his defense of the felony charge pending against him in the Superior Court of Los Angeles County. After a hearing in which medical testimony and evidence by the petitioner were introduced, the superior court entered an order discharging the writ of habeas corpus and remanding petitioner to the custody of the Superintendent of the Mendocino State Hospital.

Section 6760 of the Welfare and Institutions Code provides that:

“A patient committed to a State hospital under the provisions of Chapter VI, Title X, Part II, of the Penal Code, shall, upon the certificate of the superintendent that the person has recovered, approved by the superior judge of the county from which the patient was committed, be redelivered to the sheriff of such county, and dealt with in accordance with the provisions of the above-mentioned chapter of the Penal Code.”

On November 12, 1943, petitioner filed a petition with this court praying that a writ of habeas corpus issue, directed to the Medical Superintendent of the Mendocino State Hospital, to test the legality of his restraint and imprisonment. On November 29, 1943, this court appointed the Honorable Benjamin C. Jones, Judge of the Superior Court of Lake County, as referee, to hear and take testimony of all witnesses in the matter of petitioner’s application and further ordered that the referee prepare and file in this court findings of facts based upon the testimony relating to the issue of petitioner’s sanity.