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STATE v. FLEMMING

377 A.2d 448 (1977)

STATE of Maine v. David G. FLEMMING.

Supreme Judicial Court of Maine.

September 7, 1977.

Attorney(s) appearing for the Case

David M. Cox, Dist. Atty., Paul W. Chaiken, Asst. Dist. Atty., Bangor, for plaintiff.

Paine, Lynch & Weatherbee by Errol K. Paine, Bangor, for defendant.

Before DUFRESNE, C. J., and POMEROY, WERNICK, ARCHIBALD, DELAHANTY and GODFREY, JJ.

POMEROY, Justice.

Does a person commit the crime of escape (former 17 M.R.S.A. § 1405) when he fails to return from a furlough from a mental health institution where he was committed upon a finding that he was not guilty of a felony by reason of mental disease or defect? That is the issue squarely presented in this case.

David Flemming, the appellee, was found not guilty by reason of mental disease or defect...

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