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COMMONWEALTH v. PORTER

No. 13-P-1668.

87 Mass. App. Ct. 676 (2015)

COMMONWEALTH, v. KEVIN PORTER.

Appeals Court of Massachusetts, Middlesex.

July 30, 2015.

Attorney(s) appearing for the Case

Leslie B. Salter for the defendant.

Randall F. Maas , Assistant District Attorney, for the Commonwealth.

Present: KAFKER, GRAINGER, & AGNES, J.

This case presents a question not previously addressed by the Supreme Judicial Court or this court about the scope of the statute which punishes an escape or an attempted escape by "[a] prisoner of any penal institution." G. L. c. 268, § 16.1 In particular,

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