MARTIN v. STATE BOARD OF PAROLE


350 Mass. 210 (1966)

213 N.E.2d 925

JOHN J. MARTIN vs. STATE BOARD OF PAROLE.

Supreme Judicial Court of Massachusetts, Suffolk.

February 7, 1966.


Attorney(s) appearing for the Case

Edward J. Barshak for the plaintiff.

Richard W. Murphy, Assistant Attorney General, for the defendant.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & REARDON, JJ.


WILKINS, C.J.

The plaintiff, who is serving a sentence at the Massachusetts Correctional Institution at Walpole, seeks a binding declaration as to (1) whether he was entitled to a hearing upon revocation of his parole by the defendant board, and (2) whether upon return to imprisonment he should have received credit for time elapsed between revocation of parole and arrest. The case was heard upon agreed facts by a single justice, who reserved and reported it without...

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