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COMMONWEALTH v. NASSAR

380 Mass. 908 (1980)

406 N.E.2d 1286

COMMONWEALTH vs. JAMES JOHN NASSAR, THIRD (and a companion case).

Supreme Judicial Court of Massachusetts, Berkshire.

June 20, 1980.

Attorney(s) appearing for the Case

Francis X. Spina, Assistant District Attorney, for the Commonwealth.

Joseph W. Monahan, III, for Patricia Anne Nassar.

Michael J. Ripps for James John Nassar, Third.

Robert D. Fleischner & Marilyn Schmidt, for the Mental Patients Advocacy Project, amicus curiae, submitted a brief.

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

KAPLAN, J.

On May 15, 1979, after a bench trial in Superior Court, Berkshire County, the present respondents James John Nassar, III, and his wife Patricia Anne Nassar were found not guilty by reason of mental illness of the crimes of child abandonment (G.L.c. 119, § 39) and manslaughter (G.L.c. 265, § 13) incident to the death of their sixteen months old, third child Joshua. Under the provisions of G.L.c. 123,...

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