Commonwealth v. Best

On May 1, 1979, the defendant, Charles Best, was indicted for escaping from the Hampden County house of correction, “or from the custody or officer thereof,” in violation of G. L. c. 268, § 16. Best pleaded not guilty and was tried jury waived in the Superior Court in Hampden County on July 30, 1979. At trial, pursuant to Mass. R. Crim. P. 25 (a), 378 Mass. 896 (effective July 1, 1979), the defendant moved for a required finding of not guilty on the ground that the Commonwealth had proved an escape from a house of correction work release program, G. L. c. 127, § 86F, not a violation of the…