In Re Perry

This is a petition to this court in behalf of Robert Perry for his discharge on habeas corpus. The petition was filed by Harry S. Whitthorne. A hearing was had and the following facts appeared.

Robert Perry was charged with robbery, committed on the third day of March, 1928. On June 19, 192-8, he was convicted by a jury in the superior court of the city and county of San Francisco of robbery in the first degree. On June 21, 1928, the same jury found him insane at the precise time that he committed the robbery. Thereafter, and on the thirteenth day of July, 1928, said Robert Perry was charged by an indictment returned by the grand jury of the city and county of San Francisco with a felony, to wit, a violation of section 2 of chapter 339, Statutes of 1923, the charging part of said indictment being as follows: “Robert E. Perry is accused by the Grand Jury of the said City and County of San Francisco, State of California, by this indictment, of the crime of felony, to-wit: Violating the provisions of Chapter 339 of the Statutes of 1923, committed as follows: The said Robert E. Perry having been, before the 3rd day of March, 1928, in the Superior Court of the State of California, in…