Thomas

Defendant appeals from an order made April 18, 1967, recommitting him, after a trial under section 5519, Welfare and Institutions Code, as a mentally disordered sex offender not amenable to hospital treatment who is still a danger to the health and safety of others.

On September 21, 1960, defendant was found guilty by a jury of three violations of section 288, Penal Code, involving three different children.

On the same date, he was certified for examination for determination of the question whether he was a sexual psychopath; the order of certification appointed two psychiatrists to examine defendant and fixed October 11, 1960 for the hearing of the matter.

On October 11, 1960, an order was made finding defendant to be a sexual psychopath and committing him to the Atascadero State Hospital for 90 days for observation and diagnosis.

The transcript of the oral proceedings on October 11, 1960 shows that the two psychiatrists were sworn but did not testify. The record of the entire hearing is as follows:

"The Court Clerk: You do solemnly swear that the evidence you shall give in the matters now pending before this Court shall be the truth, the whole truth, and nothing…