CARLINO v. COMMISSIONER OF CORRECTION


355 Mass. 159 (1969)

243 N.E.2d 799

THOMAS P. CARLINO vs. COMMISSIONER OF CORRECTION.

Supreme Judicial Court of Massachusetts, Suffolk.

January 6, 1969.


Attorney(s) appearing for the Case

Chester C. Paris for the plaintiff.

Willie J. Davis, Assistant Attorney General, for the defendant.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.


SPIEGEL, J.

This bill under G.L.c. 231A seeks to determine the time when a prison sentence imposed in the Superior Court "was to have become effective." The trial judge dismissed the bill "on the ground it was the intention of the judge to impose sentence from and after the 12-15 year sentence that ... [the plaintiff] was serving." The case is here on the plaintiff's exception to this ruling.

On February 5, 1958...

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