Mackson

This is an appeal from an order of commitment as an alleged narcotics addict.

Defendant came to the Los Angeles Police Department and said, “I want to commit myself to the narcotic hospital. Yesterday I called Deputy D. A. Thale and he suggested that I turn myself in to the LAPD. I’ve been using heroin since 1944. I had my last fix yesterday. I fixed about a % a cap. I have been fixing here in my left arm. Those marks on my right arm are old. I haven’t fixed there in a long time. ...” The police examined defendant’s arms and found on his left arm approximately ten marks, which appeared to be needle marks, ranging in age from 10 to 15 days. Defendant was booked and advised of his constitutional rights. The pupils of defendant’s eyes indicated that he was a user of heroin.

*635 Dr. Lavelle, a licensed physician, examined defendant and formed the opinion and determined that defendant was addicted to the use of narcotics or by reason of repeated use of narcotics was in imminent danger of becoming addicted and unless confined was likely to injure himself or others or to become a menace to the public. The doctor’s opinion was based in part upon defendant’s history which indicated that…