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COMMONWEALTH v. McHOUL

352 Mass. 544 (1967)

226 N.E.2d 556

COMMONWEALTH vs. JAMES N. McHOUL, JR.

Supreme Judicial Court of Massachusetts, Suffolk.

May 16, 1967.

Attorney(s) appearing for the Case

William P. Homans, Jr. (Ronald J. Chisholm, Steven J. Comen & Grover G. Jackson with him) for the defendant.

John A. Pino, Assistant District Attorney (James M. Kickham, Legal Assistant to the District Attorney, with him), for the Commonwealth.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, SPIEGEL, & REARDON, JJ.

WHITTEMORE, J.

The issues on this appeal under the provisions of G.L.c. 278, §§ 33A-33G, as amended, relate to the defence of insanity. The defendant, McHoul, was convicted and sentenced for two crimes committed about 2 P.M. on March 29, 1966 — assault with intent to rape, and breaking and entering a dwelling house with intent to commit rape. The defendant at the time was a patient at Boston State Hospital. About 2:25 P.M. on March 29, the defendant...

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