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COMMONWEALTH v. GOSSARD

385 Pa. 312 (1956)

Commonwealth v. Gossard, Appellant.

Supreme Court of Pennsylvania.

May 21, 1956.

Attorney(s) appearing for the Case

Thomas D. McBride, with him John Rogers Carroll, Raymond J. Bradley, Michael von Moschzisker, Marjorie Hanson Matson, and McBride, von Moschzisker & Bradley, for appellant.

David C. Wolfe, District Attorney, for appellee.

Before STERN, C.J., BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE BELL, May 21, 1956:

The questions involved in this case are: (1) Whether § 345 of the Mental Health Act of 1951 makes the appointment of a Commission mandatory, upon the filing of a petition and a psychiatrist's report that the petitioner is mentally ill; and (2) Whether the refusal to appoint a Commission under the facts in the instant case constituted an abuse of discretion.

Defendant...

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