In In re Slayback (1930) 209 Cal. 480, Ms. Slayback, situated as was Blackwell, had sought her discharge under Penal Code section 1026a. In fashioning the test for such a release that court held, in effect, that such persons would have recovered their sanity when "they become no longer a menace to the public nor dangerous to themselves." Following earlier authority, the court had reasoned: "It often becomes necessary to take into custody those who are mentally afflicted and detain them until they become no longer a menace to the public nor dangerous to themselves. 'Nothing can be clearer than the duty of the state to restrain and confine the insane, not only for their own safety and protection, but for the safety and protection of the public . . . . It is a necessity growing out of the inability of the mentally afflicted to care for themselves or prevent injury to others.'" (209 Cal. p. 490.)