Vestal

The respondent State Personnel Board appeals from an order of the trial court directing it to set aside its decision dismissing petitioner Hazel Vestal from her position as a psychiatric technician at the Modesto State Hospital.

*921 On November 28, 1955, petitioner received written notice of dismissal, which action was based on her complicity in the death of one Grace Belill, a patient at the abovementioned hospital. She filed a notice of appeal with the board and a hearing was thereupon held. Pursuant to a stipulation of counsel the matter was submitted to the board on the testimony given before it and upon the record in the case of People v. McCaughan, 49 Cal.2d 409 [ 317 P.2d 974 ], a manslaughter prosecution in which the jury had found petitioner not guilty but found McCaughan guilty.

After reviewing the record of the aforementioned criminal proceeding, the board found that McCaughan (plaintiff’s co-defendant in that proceeding) was attempting to spoon-feed the patient Belill, that Belill was resisting McCaughan’s efforts ; that McCaughan placed food in Belill’s mouth, then held the patient's head back and placed a towel over the lower part of her face so that both her nose…