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STEWART v. COMMISSIONER OF CORRECTION

16 Mass. App. Ct. 57 (1983)

449 N.E.2d 377

ROBERT EDWARD STEWART vs. COMMISSIONER OF CORRECTION & another.

Appeals Court of Massachusetts, Suffolk.

May 20, 1983.

Attorney(s) appearing for the Case

Peter G. DeGelleke for the plaintiff.

Michael B. Roitman, Assistant Attorney General, for the defendants.

Present: GREANEY, KAPLAN, & DREBEN, JJ.

DREBEN, J.

The plaintiff sought a declaration that a life sentence for second degree murder he is currently serving commenced on November 18, 1974. A judge of the Superior Court concluded that that sentence, as well as a sentence the plaintiff was serving for armed assault in a dwelling house, began on November 23, 1979. We agree with the Superior Court judge that the murder sentence began on November 23, 1979, but...

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