Matter of Lomax

HARRIS, Associate Judge:

This is an appeal from an order of the trial court dismissing a petition for appel-lee’s judicial hospitalization and releasing appellee from Saint Elizabeths Hospital, after a jury found that appellee, although mentally ill, was not likely to injure himself or others if allowed to remain at liberty. See D.C.Code 1973, § 21-545(b). Appellant, the Superintendent of Saint Eliza-beths Hospital, contends that a prejudicial opening statement by appellee’s trial counsel tainted the verdict and requires a remand for a new trial. Appellee argues that the government may not…