Mauro

Petitioner appeals from an order vacating entry of order denying application for writ of prohibition and substituting judgment denying application for writ of mandamus and findings of fact and conclusions of law.

Question Presented

Do sections 160 and 161 of the Welfare and Institutions Code require, for state hospital care, the physical presence in this state of an incompetent claiming California residence ?

Record

Petitioner, John Mauro, is the father of Eobert J. Mauro. Both lived in Illinois since 1943. In 1948 Eobert was com mitted as a mentally ill person to Elgin State Hospital, an Illinois institution. He remained there until 1950 when he was transferred to the Chicago State Hospital. John Mauro came to California in 1958 and during a two weeks’ stay here purchased a home in Salinas where he has relatives, with the intention, he testified, to take up residence in California. At that time he established a savings account with a Salinas bank, which account he has since continuously maintained. At the end of the two weeks John returned to Illinois to sell his Illinois business and home. He sold the business in October 1959 and the house in June 1960. He then returned to…