Commonwealth v. Sneed

While serving a sentence at Monroe Forestry Camp, the defendant failed to return from a furlough authorized by G. L. c. 127, § 90A, as appearing in St. 1972, c. 777, § 18. He was indicted, tried and convicted of escape from a prison camp pursuant to the provisions of G. L. c. 127, § 83C, inserted by St. 1951, c. 755. He has appealed (G. L. c. 278, §§ 33A-33G) from the denial of his motion to dismiss the indictment.

In his first assignment of error the defendant claims that G. L. c. 127, § 83C, does not include failure to return from furlough. He contends that, as thus applied, § 83C violates…