In Re Gibson

Petitioner while under a criminal charge pending in the superior court in and for the county of Los Angeles, was adjudged insane and was committed to a state hospital, the.commitment reciting that he was to be returned to that tribunal upon his discharge from the hospital. After his commitment to the institution petitioner effected an escape and found his way to the county of Imperial, lie is now in the custody of the sheriff of the last-named county awaiting trial in the superior court there upon a criminal charge arising from acts alleged to have been committed by him after his arrival in that jurisdiction.

Petitioner contends for his release from his present custody, and for an order requiring the sheriff to deliver him to the state hospital, on the ground that he is now insane. Under the return an issue is made as to petitioner’s present condition of mind, but we find it unnecessary to decide that question, although evidence has been submitted to us upon it. If petitioner’s present insanity is admitted as a basis for argument, we think he is not entitled to a release from the custody of the sheriff on that ground.

Respondent contends that the fact that petitioner is insane,…