COMMONWEALTH v. GIORDANO


8 Mass. App. Ct. 590 (1979)

395 N.E.2d 896

COMMONWEALTH vs. VINCENT GIORDANO.

Appeals Court of Massachusetts, Franklin.

October 31, 1979.


Attorney(s) appearing for the Case

William C. Newman for the defendant.

Stephen R. Kaplan, Assistant District Attorney, for the Commonwealth.

Present: KEVILLE, ARMSTRONG, & DREBEN, JJ.


ARMSTRONG, J.

The defendant appeals from his conviction of an escape on May 8, 1977, from the Franklin County house of correction. His principal contention on appeal is that the Commonwealth failed to sustain its burden of proving that he was held in lawful custody at the time of his admitted departure without permission from the institution. There was evidence that the defendant had been in custody at the Adult Correctional Institution at Cranston, Rhode Island,...

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