In re Singer

Application for release on habeas corpus from Mendocino State Hospital. The petitioner, William Singer, on September 21, 1933, was arraigned in the Superior Court of the City and County of San Francisco on a charge of assault with a deadly weapon. His plea on arraignment, and the only plea he entered, was “not guilty by reason of insanity”. At the trial before a jury, he was found insane at the time the offense was committed, and, it appearing that he had not fully regained his sanity, he was committed to the Mendocino State Hospital for the Insane. After more than one year had elapsed, he was examined and declared to be sane, and it was his contention, thereupon made in an action in the Superior Court in and for the County of Mendocino under the provisions of section 102'6 et seq. of the Penal Code, that he should be released from confinement. His contention was supported by expert medical testimony; but the writ was discharged, after a hearing, and the court made an order reciting that, although the petitioner was then sane, he should be remanded to the custody of the sheriff of the city and county of San Francisco, to be held by him until he should be brought to trial or…