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COMMONWEALTH v. DeVASTO

7 Mass. App. Ct. 363 (1979)

387 N.E.2d 1169

COMMONWEALTH vs. ARTHUR DeVASTO.

Appeals Court of Massachusetts, Middlesex.

April 10, 1979.

Attorney(s) appearing for the Case

Daniel E. Callahan for the defendant.

William L. Pardee, Assistant District Attorney, for the Commonwealth.

Present: GRANT, BROWN, & PERRETTA, JJ.

BROWN, J.

The defendant, an inmate at the Massachusetts Correctional Institution at Walpole (Walpole), was tried, with two other inmates, to a jury in the Superior Court on indictments charging each of them with attempted escape and assault and battery upon an officer of a correctional institution (see G.L.c. 127, § 38B). The incident which gave rise to the indictments occurred in the garage area of the Middlesex County courthouse while all three inmates were...

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