GARDINER v. COMMISSIONER OF CORRECTION


5 Mass. App. Ct. 425 (1977)

363 N.E.2d 1323

JOHN C. GARDINER vs. COMMISSIONER OF CORRECTION & another.

Appeals Court of Massachusetts, Suffolk.

June 21, 1977.


Attorney(s) appearing for the Case

Joseph F. Flynn for the plaintiff.

Francis X. Bellotti, Attorney General, John J. Irwin, Jr., & Robert V. Greco, Assistant Attorneys General, for the defendants.

Present: HALE, CJ, KEVILLE, GOODMAN, GRANT, ARMSTRONG, & BROWN, JJ.


ARMSTRONG, J.

On July 9, 1965, while serving a sentence for armed robbery, the plaintiff escaped from the State prison camp at Warwick. On May 8, 1973, he was apprehended and was subsequently tried and convicted for the crime of escape from a prison camp. G.L.c. 127, § 83C. Pursuant to § 83B2 of that chapter, the plaintiff forfeited 213 days of good conduct deductions which he...

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