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COMMONWEALTH v. BOONE

394 Mass. 851 (1985)

477 N.E.2d 1026

COMMONWEALTH vs. OSMOND E. BOONE.

Supreme Judicial Court of Massachusetts, Plymouth.

May 21, 1985.

Attorney(s) appearing for the Case

Bruce Ferg (John G. Darrell with him), Committee for Public Counsel Services, for the defendant.

Mary Ellen O'Sullivan, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.

WILKINS, J.

The defendant was convicted of escape from a penal institution under an indictment that charged him with a violation of G.L.c. 268, § 16. He appeals, claiming that the indictment did not charge a crime of escape under G.L.c. 268, § 16, and that, in any event, the evidence did not warrant a finding of guilty. We conclude that the indictment charged a crime but that the evidence was insufficient to warrant a guilty finding.

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