LIBBY v. COMMISSIONER OF CORRECTION


353 Mass. 472 (1968)

233 N.E.2d 200

WILLIAM E. LIBBY vs. COMMISSIONER OF CORRECTION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

January 4, 1968.


Attorney(s) appearing for the Case

Louis M. Nordlinger for the plaintiff.

Brian E. Concannon, Special Assistant Attorney General, for the defendants.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, SPIEGEL, & REARDON, JJ.


SPALDING, J.

This case was commenced as a petition for a writ of mandamus to compel the Commissioner of Correction to record a reduction of time to be served on a sentence imposed in Norfolk County. The petition was treated as a bill for declaratory relief. A decree was entered declaring that the plaintiff was entitled to certain reductions. The plaintiff, claiming that he should have been credited with more time, appealed.

The case was heard on a statement...

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