People v. Nelson

Defendant was arrested September 7, 1962, and then examined by Dr. R. L. Williams, San Diego Police Physician. The same day Dr. Williams executed an affidavit of examining physician, in which he declared his conclusion that defendant was addicted to the use of narcotics and unless confined would likely injure himself or others or become a menace to the public.

On September 11, the district attorney initiated proceedings pursuant to Penal Code sections 6500 through 6510 by filing a petition of narcotic addiction No. N 28335, in the Superior Court of San Diego County. The petition alleged that a police officer had reported to the affiant district attorney that defendant was either addicted to the use of narcotics or in imminent danger of addiction. The petition was not accompanied by the affidavit of Dr. Williams; it was not until May 23, 1963, that a duplicate signed copy of the affidavit of examining physician was filed in the superior court, after its absence had been pointed out in defendant’s opening brief.

On the day the petition was filed the court made an order detaining the defendant and ordered further that defendant be delivered for examination at the county phychiatrie…