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BROWN v. COMMISSIONER OF CORRECTION

394 Mass. 89 (1985)

474 N.E.2d 1059

JOHN PHILIP BROWN vs. COMMISSIONER OF CORRECTION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

February 19, 1985.

Attorney(s) appearing for the Case

John P. Osler for the plaintiff.

James Remeika for the defendants.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, LYNCH, & O'CONNOR, JJ.

ABRAMS, J.

We hold that a Superior Court judge correctly declared that art. 12 of the Massachusetts Declaration of Rights "prohibits confinement in the state prison at Walpole of the plaintiff, a prisoner who has not been indicted and who has not waived indictment."2 Thus, the Commissioner of Correction (commissioner) could not transfer an unindicted prisoner to MCI Walpole, pursuant to G.L.c...

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