MacKie

To an information filed by the district attorney of Los Angeles County, wherein it was charged that the defendant and respondent “did wilfully, unlawfully and feloniously and intentionally escape from the lawful care, custody and control of the State Narcotic Hospital at Spadra, Los Angeles County, California, and . . . then and there being in the lawful care, custody and control of the said Hospital and the said Superintendent thereof, under and by Virtue of a valid commitment issued by the Superior Court of the State of California in and for the County of San Francisco, on or about October 16th, 1928, adjudging said defendant to be a drug addict, in accordance, with the provisions of that certain Act and Statute entitled and known as the ‘Narcotic Rehabilitation Act,’ Statutes of 1927, approved April 9th, 1927, . . . and more particularly Section 3 of .said Act,” the defendant and respondent filed a general demurrer alleging “that the facts stated do not constitute a public offense.” The trial court sustained the demurrer and dismissed the information. Prom this ruling the district attorney has appealed.

Section 107 of the Penal Code, under which the information was drawn,…