Commonwealth v. Gossard

Opinion by

Mr. Justice Bell,

The questions involved in this case are: (1) Whether §345 of the Mental Health Act of 1951 makes the appointment of a Commission mandatory, upon the filing of a petition and a psychiatrist’s report that the peti tioner is mentally ill; and (2) Whether the refusal to appoint a Commission under the facts in the instant case constituted an abuse of discretion.

Defendant was convicted of murder of the first degree with sentence of death. He was represented at the trial by two able experienced counsel. The judgment was affirmed by this Court on appeal. A petition for…