This petition for a writ of error has been reserved and reported without decision by a single justice upon the petition, answer, and statement of agreed facts. The petitioner was indicted for violation of G.L. (Ter. Ed.) c. 123, § 112, in that on September 26, 1956, at Fitchburg he "did assist and connive at the escape of two patients and did secrete said patients from the Metropolitan State Hospital....
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