COMMONWEALTH v. LOMBARDI


378 Mass. 612 (1979)

393 N.E.2d 346

COMMONWEALTH vs. ANTHONY LOMBARDI.

Supreme Judicial Court of Massachusetts, Suffolk.

August 2, 1979.


Attorney(s) appearing for the Case

Daniel C. Mullane, Assistant District Attorney (Michael J. Traft, Assistant District Attorney, with him) for the Commonwealth.

John M. Russell, Jr., for the defendant.

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


WILKINS, J.

We are required to consider the appropriate disposition of criminal cases where, due to amnesia, a defendant has no memory of events occurring at the time of the commission of the crimes charged.

The trial judge held a pretrial hearing on the defendant's motions for a finding of incompetency and for dismissal of the indictments. He found that the defendant was suffering from permanent amnesia resulting from a serious beating he received shortly...

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