McCracken v. Teets

TRAYNOR, J.,

Dissenting. — Humanitarian considerations have led the Legislature to extend to persons under judgment of death the privilege of avoiding punishment while insane. *654(Pen. Code, § 1367.) The warden of the state prison is charged with the responsibility of determining whether there is good reason to believe that a person under judgment of death has become insane. (Pen. Code, § 3701.) Mandamus cannot properly issue to compel the warden to institute proceedings under section 3701, since the courts are prohibited from suspending the execution of a judgment of death (Pen. Code, § 3700),…