Rodriguez

Statement of the Case

A petition to commit appellant as a narcotic drug addict was filed by the district attorney on June 20, 1967, in accordance with the provisions of section 3100 of the Welfare and Institutions Code (under art. 3, entitled “Involuntary Commitment of Persons Not Charged With a Crime”).

There was also filed on the same day an application for admission of appellant as an alleged narcotic drug addict under section 3100.6 of the Welfare and Institutions Code. An affidavit of examination within twenty-four hours by Patrick J. Lavelle, M.D., was filed with the said petition. The affidavit stated in part: “This examination determined that the patient had slurred speech, he was perspiring profusely, and the pupils were dilated to 7.0 mm in the dark and contracted to 6.0 mm in the light of a flashlight. These are the dilated pupils of a patient who had the last ‘fix' approximately 24 hours before the examination. The patient demonstrated old tracks and recent puncture wounds on the arms. On the right arm, there were old scars ... in the bend of the elbow itself, was a roughly Y-shaped newly formed indurated, reddened track; and superimposed on the track were at least…