the proceedings against him or to assist in his defense, he shall file a motion with the court for a determination of such competency and upon such motion the court shall appoint a psychiatrist to report to the court. The court may also follow the procedure on its own motion. It is petitioner's contention that he was insane at the time of his plea and sentence, and since in the past he had been committed to mental hospitals and adjudicated insane, the court erred in accepting his plea and sentencing him without first inquiring into his mental competency.
There is no doubt that petitioner has had a past history of mental illness. On September 5, 1956, at the age of 16, he was committed to Annandale Reformatory in New Jersey for breaking and entering. On November 15, 1956, he was transferred to the New Jersey State Hospital in Trenton where his condition was diagnosed as "Schizophrenic Reaction, Paranoid Type." He was returned to Annandale on April 30, 1957. On the following day he was again transferred to the hospital where his condition was further diagnosed as "Sociopathic Personality Disturbance, Anti-Social Reaction," and was returned again to Annandale on July 11, 1957. On December 26, 1957, it was concluded there was a remission from his psychosis. He was paroled from Annandale on March 17, 1958.
About two months later, in May 1958, Crawn was again arrested for breaking and entering in New Jersey, and on July 15, 1958, he was sent to the New Jersey State Hospital where his condition was diagnosed as "Sociopathic Personality Disturbance, Anti-Social Reaction." At this time it was decided that he would not fit into a psychiatric hospital, and it was recommended that he be treated in a correctional institution. On October 1, 1958, he was transferred to the Warren County Jail and from there to the Bordentown Reformatory. Within a few days of his commitment, however, on October 7, 1958, he was again transferred to the hospital, where his condition continued to be diagnosed as "Schizophrenic Reaction, Residual Type." He was adjudged legally insane on January 8, 1959. He remained at the hospital until May 25, 1960, when he was returned to Bordentown. He cut his wrists on a mattress and was found inaccessible when spoken to by the Reformatory's psychiatrist. On the following day, May 26, 1960, he was returned to the hospital. The hospital's admission note at this time indicated:
"On admission the patient did not offer any complaints, he was neat, tidy and clean in his personal appearance. The patient had a very small laceration over his left forearm and no stitches were necessary. The patient was in good contact with his environment and he has a good grasp of his surroundings. He was correctly oriented to time, place and person. He was responsive but not overly alert or communicative. He answered questions relevantly although he did not elaborate much. No hallucinations or delusions could be elicited. The patient seemed to be dull and indifferent to some extent. He didn't show any evidence of depression and the patient stated he did not like it in the N.J. Reformatory at Bordentown and for this reason he cut his wrist so that he could be sent back here. Patient stated he cut his wrist purposely and deliberately."