In Re Dutton

This cause is before us upon motion of petitioner to dismiss the appeal attempted to be taken by the People from an order made and entered in the superior court discharging the petitioner from the custody of the officers of the Mendocino State Hospital.

The record shows that the petitioner, after having been arraigned and tried on a charge of murder, was found not guilty by reason of insanity, the verdict returned on the twenty-eighth day of August, 1930. Thereupon, the petitioner was, by the trial court, committed to the state hospital at Napa for the insane, to be held there as an insane…