30 Cal. App. 2d 733 | Cal. Ct. App. | 1939
Appellant had been adjudged not guilty of the crime of rape, by reason of insanity at the time of the commission of the offense, and was, on March 20, 1937, committed to the Mendocino State Hospital for the Insane, pursuant to the provisions of section 1026 of the Penal Code.
More than one year thereafter he filed, in the Superior Court of the County of Mendocino, a petition for his release, alleging therein that he was then sane and entitled to his discharge from the hospital.
After a hearing thereon, an order was made denying his release. An appeal was then taken to this court from that order. The attorney-general has appeared and moved to dismiss the appeal upon the ground that the order remand
On the authority of those cases the motion to dismiss the appeal is granted. It is so ordered.