In re Burhans

This is a petition for a writ of habeas corpus. Facts: September 28, 1959, petitioner was charged in Wind-ham County Court, State of Vermont, with burglary, larceny, rape, and assault with intent to kill. He was found not guilty of the charges by reason of insanity and was committed to the Vermont State Hospital.

On or about December 16,1965, he escaped from the hospital and came to California, locating in Santa Clara County. He married shortly after his escape.

March 25, 1966, petitioner’s wife filed a petition in the superior court, under section 5551 of the Welfare and Institutions Code, alleging that he was a mentally ill person as described in section 5550.

The petition alleged that he escaped in December 1965 from the Vermont State Hospital, where he had been confined as criminally insane; that on March 21, 1966, he administered to his wife an overdose of Seconal tablets in an attempt to kill her; and that he was a danger to himself and others. The petition recommended that he be confined to the Agnews State Hospital.

The superior court, pursuant to section 5554 of the Welfare and Institutions Code, ordered his immediate detention for examination and hearing; and in…