Winfrey

On November 25, 1968, following an apprehension by the police and admission to the Los Angeles County central jail infirmary for the making of a physical examination with respect to narcotics addiction, a petition for commitment (pursuant to § 3100.6, Welf. and Inst. Code) was filed by the District Attorney of Los Angeles County. After two continuances the matter was set to be heard on January 14, 1969. Appellant, Thomas Winfrey (hereinafter, Winfrey), had private counsel. By a writing signed by respective counsel and Winfrey it was stipulated that a court commissioner, as temporary judge was appointed to conduct the hearing. Considerable evidence was received at the hearing relating to the legality of the apprehension of Winfrey by the police. Also, the apprehending officers testified concerning the issue of addiction. There was no objection on the part of Winfrey on the basis that any part of the observation of Winfrey was the fruit of an illegal apprehension. In addition, respective counsel stipulated that the affidavit of examination and further examination executed by Dr. Wetzel on November 22, 1968, would be received and read into evidence, and it was. This also was…