Kingston

The Case

By information, William Russell Kingston, Jr. (hereinafter referred to as defendant) was charged with incest in violation of Penal Code section 285, with statutory rape in violation of Penal Code section 261.5, and with violating section 288 of the Penal Code—lewd and lascivious act against a child. Defendant pleaded not guilty.

Defendant personally and by counsel waived jury trial and agreed to have the case submitted to the court on the preliminary transcript as to the charge of Penal Code section 288. Defendant was found guilty of the charge.

Criminal proceedings were suspended, mentally disordered sex offender proceedings were instituted and a total of three psychiatrists were appointed to examine the defendant to determine whether he was a mentally disordered sex offender. The matter was submitted on the basis of the medical reports, and on July 31, 1972, the court determined that defendant was a mentally disordered sex offender. Defendant was then committed to the Department of Mental Hygiene at Atascadero • State Hospital for an indeterminate period, pursuant to Welfare and Institutions Code section 6316. The superintendent of Atascadero State Hospital…