Legal Opinion
State v. Flemming
Supreme Judicial Court of Maine
Decided September 7, 1977PublishedCited by 6 opinions
1Opinion of the Court
*450POMEROY, Justice.
Does a person commit the crime of escape (former 17 M.R.S.A. § 1405) when he fails to return from a furlough from a mental health institution where he was committed upon a finding that he was not guilty of a felony by reason of mental disease or defect? That is the issue squarely presented in this case.
David Flemming, the appellee, was found not guilty by reason of mental disease or defect of felonious homicide punishable as murder. As is required by 15 M.R.S.A. § 103 he was committed to the Bangor Mental Health Institute. After failing to return to the institute from a…
2Cases cited5 opinions
- Smith v. StateSupreme Judicial Court of Maine · 1950
- Chase v. KearnsSupreme Judicial Court of Maine · 1971
- Hamner v. StateSupreme Judicial Court of Maine · 1966
- State v. MortonSupreme Judicial Court of Maine · 1972
- State, in Interest of MsNew Jersey Superior Court Appellate Division · 1974
3Cited by6 opinions
- State v. AlderetteNew Mexico Court of Appeals · 1990
- People v. OrtegaNew York Supreme Court · 1985
- State v. BeaucheneSupreme Judicial Court of Maine · 1988
- State of Maine v. Ralph A. Tripp Jr.Supreme Judicial Court of Maine · 2024
- State v. BeaucheneSupreme Judicial Court of Maine · 1978
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