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COMMONWEALTH v. O'MALLEY

14 Mass. App. Ct. 314 (1982)

439 N.E.2d 832

COMMONWEALTH vs. TIMOTHY O'MALLEY.

Appeals Court of Massachusetts, Worcester.

August 19, 1982.

Attorney(s) appearing for the Case

Robert I. Warner for the defendant.

Lynn Morrill Turcotte, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, ROSE, & GREANEY, JJ.

GREANEY, J.

The defendant was charged by complaint with escaping from the pre-release center of the Massachusetts Correctional Institution (M.C.I.) at Lancaster. G.L.c. 268, § 16. The defendant believed that at the time of the escape, his life was endangered by an impending transfer to M.C.I., Concord. He therefore sought to defend the charge on the ground that his action was justified under the doctrine of...

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