Ex Parte Lankford

On application for rehearing, the petitioner raises one point. He contends that this Court erred in determining that he was "in confinement" within the meaning of Ala. Code 1975, §15-16-21, because he had been released on bail. He cites Exparte State ex rel. Patterson, 268 Ala. 524, 108 So.2d 448 (1958), in which the State of Alabama petitioned this Court to issue a writ of mandamus to compel a circuit judge to commit a defendant to the state mental hospital for examination. In that case, the defendant was on bail; he had not pleaded not guilty by reason of insanity, nor had he asserted that…