In Estate of Gestner (1949) 90 Cal.App.2d 680, the defendant was charged with having committed a burglary. He was found to have been insane at the time of the commission of the offense. He was committed to a state hospital for the criminally insane. In a suit to collect money from the insane person's estate, to pay for his room and board, the court on appeal had before it section 1026 of the Penal Code and said that the commitment under the section is not penal in character.