In re Newbern

This is a companion case to the one decided this same date and reported in this volume at page 862 [ 1 Cal.Rptr. 80 ]. It is a separate petition and involves the circumstances surrounding three separate misdemeanor complaints filed in the municipal court. It has been stipulated that two of the complaints have been dismissed and that as to these two cases this petition is moot. We are, therefore, only concerned with the one case that is still pending.

*868 Mr. Newbern was arrested for being intoxicated in a public place in violation of a city ordinance. When he appeared before the trial court on July 24, 1959, the judge certified him to the superior court for a determination of his sanity under section 1368 of the Penal Code. Petitioner was then placed in the custody of the Los Angeles County sheriff and on August 3d was arraigned in superior court on the insanity charge. Bail was set at $1,000. On August 7, 1959, this petition was filed and on the same date this court issued the writ and ordered that the petitioner be released on his own recognizance. On August 17, 1959, the superior court found him to be sane and referred the matter back to the Long Beach Municipal Court for…