SUPERINTENDENT OF WORCESTER STATE HOSPITAL v. HAGBERG


374 Mass. 271 (1978)

372 N.E.2d 242

SUPERINTENDENT OF WORCESTER STATE HOSPITAL vs. LAURA HAGBERG.

Supreme Judicial Court of Massachusetts, Worcester.

January 20, 1978.


Attorney(s) appearing for the Case

Stephen Schultz, Assistant Attorney General, for the plaintiff.

Darragh K. Kasakoff for the defendant.

Jan C. Costello, for Mental Patients Advocacy Project, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, WILKINS, & LIACOS, JJ.


BRAUCHER, J.

The Appellate Division of the District Courts, Western District, decided that, in a proceeding to commit the defendant to a mental health facility under G.L.c. 123, §§ 7, 8, the standard of proof is "proof beyond a reasonable doubt" rather than "clear and convincing proof." The plaintiff, superintendent of the Worcester State Hospital (hospital), appealed. We hold that (1) the appeal is properly before us notwithstanding delay in assembling...

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