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In re Brown

62 Cal. 2d 902 Court Cal. Decision date 1965-03-05 Docket Crim. No. 8567 English

Delivered by PEEK, J.

Contents

Majority

p. 902
42 Cal.Rptr. 838, 399 P.2d 374]
[Crim. No. 8567.
In Bank.
Mar. 5, 1965.]
In re CHARLES ROBERT CARROL BROWN on Habeas ■ Corpus.
Sam Bubrick, under appointment by the Supreme Court, for Petitioner.
Thomas C. Lynch, Attorney General, and Albert W. Harris, Jr., Deputy Attorney General, for Respondents.

We issued an order to show cause in this matter so that we might consider whether petitioner would be entitled to relief by writ of habeas corpus in the event we should determine that an appeal did not lie from an order adjudging him insane and committing him to a state hospital pursuant to sections 1368 et seq. of the Penal Code.

In People v. Brown, ante, p. 901 [ 42 Cal.Rptr. 837 , 399 P.2d 373 ], filed this day/ it is concluded that petitioner is entitled to appeal. No other basis appears for issuance of the writ.

The order to show cause is discharged, and the petition for writ of .habeas corpus is denied.

Traynor, C. J., MeComb, J., Peters, J., Tobriner, J., Mosk, J., and Schauer, J.,[1] concurred.

* Retired Associate Justice of the Supreme Court sitting under assignment by the Chairman of the Judicial Council.

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