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COMMONWEALTH v. TWITCHELL

416 Mass. 114 (1993)

617 N.E.2d 609

COMMONWEALTH vs. DAVID R. TWITCHELL (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

August 11, 1993.

Attorney(s) appearing for the Case

Steven M. Umin, of the District of Columbia (Kevin J. Hasson, of the District of Columbia, Rikki J. Klieman & Stephen J. Lyons with him) for the defendants.

Marcy Cass, Assistant District Attorney (Paul B. Linn, Assistant District Attorney, with her) for the Commonwealth.

Theodore E. Dinsmoor, for The First Church of Christ, Scientist, amicus curiae, submitted a brief.

Eric S. Maxwell & John Reinstein, for Civil Liberties Union of Massachusetts, amicus curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.

WILKINS, J.

David and Ginger Twitchell appeal from their convictions of involuntary manslaughter in connection with the April 8, 1986, death of their two and one-half year old son Robyn.2 Robyn died of the consequences of peritonitis caused by the perforation of his bowel which had been obstructed as a result of an anomaly known as Meckel's diverticulum. There was evidence that the condition could be corrected by surgery with a high success...

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