350 Mass. 123 | Mass. | 1966
In this case the petitioner has applied to the single justice under G. L. c. 123, § 91, for the discharge of Eddie C. Berry, her father, from the Bridgewater State Hospital. The case comes to us on report by the single justice without decision. On March 23, 1965, Berry was found not guilty of manslaughter by reason of insanity and, pursuant to the requirements of c. 123, § 101, was committed to Bridgewater State Hospital for life. He is still an inmate of that institution. The Commonwealth has stipulated that Berry is not now insane.
By the terms of § 101 the occasion for commitment is a finding of insanity and thus § 91 would seem to apply. We find no words in § 101 which would lead us to a contrary conclusion. Indeed, the proximity in e. 123 of § 91 to § 101, and the breadth of the language of § 91 strongly indicate that the Legislature intended it to be a remedy for anyone “confined as an insane person,” whether under § 101 or some other statute.
The question before us now was explicitly left open by this court in Golden, petitioner, 341 Mass. 672, 675. We are disinclined to follow anything in the dictum in the eighty year old decision in Gleason v. West Boylston, 136 Mass. 489, 490, regarding allocation of finances for “lunatic hospitals” which may be contrary to our present holding.
We therefore hold that the petitioner has properly applied for the discharge of Berry under § 91, and said discharge is to be granted.
So ordered.