COMMONWEALTH v. McMURTRY


20 Mass. App. Ct. 629 (1985)

482 N.E.2d 332

COMMONWEALTH vs. WILLIAM McMURTRY.

Appeals Court of Massachusetts, Norfolk.

August 19, 1985.


Attorney(s) appearing for the Case

Bernard Grossberg for the defendant.

Peter W. Agnes, Jr., Assistant District Attorney, for the Commonwealth.

Present: KASS, CUTTER, & SMITH, JJ.


KASS, J.

Four correction officers, constituted as a "move team," undertook to retrieve a plastic tray from McMurtry, an inmate in Block Ten (a segregation unit for troublesome prisoners) at M.C.I., Cedar Junction. Before they accomplished their mission, McMurtry managed to throttle and injure one of the guards. McMurtry was tried and convicted by a jury of assault and battery on a correction officer. G.L.c. 265, § 13D.

There is no question that the prisoner...

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