Docket Nos. Crim. 20330, 20331, 20332.

22 Cal.3d 457 (1978)

584 P.2d 1097

149 Cal. Rptr. 491

In re JAMES H. MOYE on Habeas Corpus.

Supreme Court of California.

October 17, 1978.

Attorney(s) appearing for the Case


Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Robert F. Katz, Edward T. Fogel, Jr., and Robert R. Anderson, Deputy Attorneys General, for Appellant.

Wilbur F. Littlefield, Public Defender, Harold E. Shabo, Dennis A. Fischer, Terry Kohl and Leighton A. Nugent, Deputy Public Defenders, for Petitioner.

Paul Halvonik, State Public Defender, Gary S. Goodpaster, Chief Assistant State Public Defender, Richard E. Shapiro, Paul Fogel and Quin Denvir, Deputy State Public Defenders, as Amici Curiae on behalf of Petitioner.



(1a) In these consolidated cases only one issue is presented for our determination: May a person who is committed to the Department of Health following his acquittal of criminal charges because of insanity be held in the department's custody for a period in excess of the maximum term provided for the underlying offense of which he was charged and acquitted...

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