These allegations are not those of facts tending to show (section 3 of act) or from which a conclusion of criminal sexual psychopathy could reasonably or properly be drawn. In re Carter, supra; In re Kader, 350 Mich. 63. The petition contained nothing else to serve that purpose. It was, therefore, insufficient. Dismissal thereof, without appointment of psychiatrists or hearing thereon, would have been proper.
The attorney general appears for the people and again confesses error, and recommends that defendant "be discharged without prejudice to the people's right to bring such further proceedings as circumstances may require." The inadequacies of the original petition in this case have been amply discussed by this Court in Inre Carter, supra; in People v. Artinian, 320 Mich. 441; and in In re Kader, 350 Mich. 63. The petition set forth no facts under which it could be reasonably concluded that defendant was a criminal sexual psychopathic person. The fatal defects in the petition deprived the trial court of jurisdiction to enter the order of commitment under which defendant is now deprived of his liberty.