In Re Gavin

The petitioner, by a judge of the superior court of' the city and county of San Francisco, was committed to the state hospital for the insane at Napa, state of California, by an order of commitment, dated the twenty-seventh day of October, 1919, and has applied to this court by way of a petition for a writ of habeas corpus, to be released from restraint under said commitment and ordered discharged.

The commitment, among other things, recites: That the court, being satisfied from the testimony of the witnesses and of the proof of the matter set forth in the certificate, that said Michael Gavin is insane and so disordered in mind as to endanger health, person, and property and that it is dangerous to life, health, person, and property for such person to be at large, and that his condition is such as requires care and treatment in a hospital for the care and treatment of the insane, commitment therefore ordered.

The record presented to us upon this hearing discloses that an examination of the present mental condition of the petitioner was recently had at a conference of the physicians constituting the medical staff of the Napa state hospital and, also, of an application made by the…