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SMITH v. STATE PAROLE BOARD

17 Mass. App. Ct. 145 (1983)

456 N.E.2d 784

RICHARD J. SMITH vs. STATE PAROLE BOARD & another.

Appeals Court of Massachusetts, Middlesex.

November 30, 1983.

Attorney(s) appearing for the Case

Frank R. Herrmann for the plaintiff.

Linda G. Katz, Assistant Attorney General, for the defendants.

Present: GRANT, KAPLAN, & DREBEN, JJ.

KAPLAN, J.

The facts are agreed, and were as follows. The plaintiff, Richard J. Smith, was convicted of rape on June 10, 1968, and sentenced to a term of imprisonment of not less than seven nor more than twelve years at M.C.I. Walpole. After serving some five years, the plaintiff was paroled on June 12, 1973. For the reason that the plaintiff's whereabouts became unknown, the Parole Board on August 30, 1974, cancelled...

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