Louis Gagliasso, Jr. v. Dr. Reginald S. Rood, Supt. Atascadero State Hospital, Atascadero, California
Opinion
Opinion
Appellant, Louis Gagliasso, Jr., was charged in 1951 with the crime of murder in the Superior Court of the State of California, in and for the City and County of San Francisco. To that charge he entered pleas of not guilty and not guilty by reason of insanity. He waived trial by jury. The court, sitting without a jury, found appellant to be insane at the time of the commission of the offense, and in August of 1951 appellant was sentenced to a California state hospital for the insane. Appellant is presently confined at a California state hospital located at Atascadero, California. On September 18, 1959 appellant filed a petition for writ of habeas corpus in the United States District Court for the Southern District of California, Central Division. Appellant alleges in such petition that he filed a petition for a writ of error coram nobis with the sentencing court; that such petition was denied, and that no appeal therefrom was taken. It is further alleged that appellant filed a petition for writ of habeas corpus in the District Court of Appeal for the State of California, Second Appellate District, in July 1959, which petition was denied, and that thereafter appellant filed a…