Rice

On the twentieth day of January, 1926, appellant Rice was charged by an information filed by the district attorney of San Diego County with the commission of lewd and lascivious acts upon the body of a child. Before the trial of the appellant a doubt arose in the mind of the court as to his sanity, and the question was submitted to a jury, which found the appellant insane. The defendant was then committed to the state hospital for the insane at Napa, California. Subsequently and on the twenty-seventh day of August, 1926, an order was made by the superior court directing the return of the defendant and appellant from the Napa state hospital for the insane. Pursuant to said order appellant was returned and tried in said court with the offense charged in the information aforesaid. This appeal is prosecuted by the appellant from a judgment of conviction and from an order denying his motion for a new trial.

The appellant’s main contention in this trial is that the procedure contemplated by sections 1367-1370 of the Penal Code of this state was not complied with in returning the defendant from the state hospital at Napa _to the superior court in San Diego for trial. Section 1372 of the…