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MATTER OF ENGLISH

554 P.2d 201 (1976)

26 Or.App. 957

In the Matter of Talton ENGLISH, Jr., Alleged to Be a Mentally Ill Person. STATE of Oregon, Respondent, v. Talton ENGLISH, Jr., Appellant.

Court of Appeals of Oregon.

Decided September 27, 1976.

Attorney(s) appearing for the Case

Elden M. Rosenthal, Portland, argued the cause and filed the briefs for appellant.

Karen H. Green, Certified Law Student, Salem, argued the cause for respondent. With her on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Solicitor Gen., Salem.

Before SCHWAB, C.J., and TANZER, J., and SLOAN, Senior Judge.

PER CURIAM.

The determination and order of commitment in this mental illness proceeding must be reversed and remanded because the probate court took judicial notice of a court file in a previous commitment hearing involving English. This is error. State v. O'Neil, 274 Or. 59, 545 P.2d 97 (1976).

It has been suggested that on a de novo review this court can ignore the file. The trouble is that it is impossible to segregate...

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